Florida Small Claims Court

How it works in Florida

1. Write a Statement of Claim explaining the basis and amount, and attach a copy of any written document it relies on. The rules include sample forms.
2. File with the county court clerk in a proper county, such as where the contract was made or the property is, and pay the fee.
3. The defendant is served with a Summons/Notice to Appear. Florida residents can be served by certified mail, at added cost.
4. Go to the pretrial conference, which the clerk sets within 50 days of filing. If you don't appear, your case may be dismissed.
5. If the case doesn't settle, the court sets a trial. The case may also be sent to a mediator.

What it costs

Set by claim size. State law caps it at $50 under $100, $75 up to $500, $170 up to $2,500, and $295 above that, plus a $4 clerk fee and service costs. Miami-Dade lists $55, $80, $175 and $300.

How long you have to sue

Fla. Stat. § 95.11(2)(b) (written contract), (3)(j) (oral contract), (5)(a) (negligence), (3)(f) and (3)(g) (four years for trespass on land and for taking or injuring personal property), (3)(n) (four years for intentional torts). These are general limits. The clock can start late, pause or be much shorter, as it is for claims against a government agency.

If you lose

Either side can appeal by filing a notice with the clerk within 30 days of the judgment, under the Florida Rules of Appellate Procedure, and the clerk can tell you which court hears it; a motion for new trial is due within 15 days.

Official links

• Florida small claims self-help
• Court forms
• Find your court