Small Claims Court in Florida
Small claims is the courtroom most Floridians actually use — fast, informal, and built for people without lawyers. This guide walks a case for $8,000 or less from start to finish: filing or answering, the all-important pretrial conference, mediation, presenting your evidence, and collecting if you win.
What this guide covers
- What small claims is — and is not
- The $8,000 limit & what fits
- Small claims vs. county civil vs. circuit
- Who can appear — people & businesses
- Filing: the Statement of Claim (+ template)
- Where to file & the filing fees
- If you can't afford the fees
- Getting the defendant served
- The pretrial conference — not the trial
- Mediation at the courthouse
- Defending: answers, counterclaims, setoffs
- Discovery — the small claims difference
- Preparing & presenting your trial
- Judgment, interest & collecting
- Appeals & common mistakes
- Checklist & free resources
Start Here
Small claims is the people's courtroom
It is not a separate court — it is a streamlined, plain-language track inside Florida's county courts, designed for parties without lawyers.
Small claims court handles everyday disputes — unpaid loans, security deposits, minor property damage, defective goods, shoddy repairs — through a simplified rulebook built for speed. The clerk must help you prepare your papers, the pleadings are informal, and cases reach a hearing quickly. Most people who use it represent themselves.1
By rule, the clerk of court must assist you in preparing your Statement of Claim and other routine papers. You do not have to figure out the forms alone.2
The Limit
The $8,000 limit and what fits
Small claims is defined by the dollar amount, not the type of dispute.
The Florida Small Claims Rules apply to county-court actions demanding money or property whose value does not exceed $8,000, exclusive of costs, interest, and attorney's fees.3 Because interest and fees do not count toward the cap, only your principal demand has to fit under $8,000.
Typical cases: unpaid personal loans, unpaid invoices, security-deposit disputes, minor car-accident property damage, defective goods, and small contract disputes. Small claims can also be used to recover specific personal property.
Where You Are
Small claims vs. county civil vs. circuit court
The courthouse is the same — the procedure is what changes as the stakes rise.
Small claims — up to $8,000
County court under the simplified Small Claims Rules: informal pleadings, no automatic discovery.3
Regular county civil — $8,000.01 to $50,000
County court under the full Florida Rules of Civil Procedure — formal pleadings and full discovery.7
Circuit civil — over $50,000
Circuit court, full Rules of Civil Procedure.7
Who Appears
Who can appear — people and businesses
You do not need a lawyer, and Florida gives businesses a break available in almost no other court.
An individual may represent themselves. A business entity may be represented at any stage of the trial-court proceedings by a principal (an officer, member, managing member, or partner) or by an employee the principal authorizes in writing.9 Two limits: a court may require a plaintiff that is in the business of buying and collecting debts to hire counsel, and a non-lawyer may not represent a business on appeal.9
A non-lawyer may appear for a party at small claims mediation with the party's signed written authorization and full authority to settle — and in that case the party need not personally attend.11
Step 1 · File
Starting your case: the Statement of Claim
A small claims case begins with a short, plain statement of what happened and how much you are owed.
You file a Statement of Claim in concise form that tells the defendant the basis and amount of the claim. If your claim is based on a written document — a contract, note, or invoice — attach a copy (or the material part), and file the documents you serve with the initial process. The claim need not be sworn.12
Sue the actual legal entity — the corporation or LLC, not just a trade name — and use the person's or company's correct full name. A judgment against the wrong name can be worthless.
Step 1 · Template
Sample: Statement of Claim
State the facts plainly and attach any written document your claim rests on.
Plaintiff, YOUR NAME, sues Defendant, DEFENDANT'S LEGAL NAME, and states:
Step 1 · Logistics
Where to file and the filing fees
File in a county where the law allows, and pay a fee that scales with the size of your claim.
Proper venue is generally where the contract was entered, where the event happened, where a defendant resides, or where payment was due.14 Filing fees are set by statute and rise in tiers with the amount claimed, plus a service charge for each summons the clerk issues:15
Under $100 → about $50; $100–$500 → about $75
Smallest claims.
$500.01–$2,500 → about $170
Mid-range claims.
Over $2,500 (up to $8,000) → about $295
Larger small-claims cases, plus roughly $10 per summons issued.
Clerks add statutory service charges and the actual cost of service on top of the base fee. Ask your county clerk for the exact total before you file.15
Step 1 · Access
If you can't afford the fees
Florida will not turn you away for inability to pay the filing and service fees.
Apply to the clerk for a determination of civil indigent status using the Application for Determination of Civil Indigent Status. The clerk decides based on your income and assets; if you qualify, the filing and summons fees are waived.16 Knowingly giving false financial information on the application is a crime.16
Step 2 · Serve
Getting the defendant served
You cannot move forward until the defendant is properly served with your papers.
Personal service
By the sheriff or a certified private process server — the most reliable method, and the one to use for out-of-state or evasive defendants.19
Certified mail — Florida residents only
With a return receipt signed by the defendant or an authorized person. Not available for out-of-state defendants.19
Constructive service
Service by publication, for defendants who truly cannot be located.19
The initial process and Statement of Claim must be served within 120 days of filing, or the court can dismiss the case (without prejudice) or drop the unserved defendant.19
Step 3 · Appear
The pretrial conference — not the trial
This is the single most misunderstood date in small claims. The first date on your papers is a conference, not the trial — but you must be there.
The clerk sets a pretrial conference within 50 days of filing. Both sides must personally appear (or by counsel, or by communication technology if the court allows). It is a housekeeping and settlement session — the officer records appearances, learns what is disputed, may send the case to mediation, and sets a trial date if the case does not resolve.20
If the defendant does not appear, the plaintiff is entitled to a default. If the plaintiff does not appear, the case can be dismissed. Filing a paper does not excuse showing up.21
Step 3 · Resolve
Mediation at the courthouse
Most small claims cases settle at mediation — often the same day as the pretrial conference.
Mediation is confidential and non-binding: a neutral mediator helps the parties reach their own agreement. Whoever attends must have full authority to settle, but that does not mean you must settle — you keep the right to go to trial. Any agreement is written up as a stipulation the court can adopt as an order.11
Decide in advance the numbers you would accept. Parties who arrive prepared to negotiate within a realistic range usually leave with a resolution — and skip the trial.
Defending
Defending: answers, counterclaims, and setoffs
A defendant usually does not file a written answer — but a counterclaim is different.
Unless the court orders otherwise, written defensive pleadings are not required in small claims; you defend by appearing.23 A counterclaim or setoff, however, must be in writing, filed and served, generally at least 5 days before the pretrial conference.24 A setoff reduces the plaintiff's claim by what the plaintiff owes you. If your counterclaim exceeds $8,000, the case is transferred to the proper court.24
The Key Difference
Discovery — the small claims difference
This is where self-represented parties most often go wrong: in small claims, there is usually no automatic discovery.
The full civil discovery tools — interrogatories, requests for production, depositions — do not apply automatically in small claims. When a party is unrepresented and has not started discovery, the other side generally cannot begin discovery without the court's permission.25 The judge can, on request, order the case to proceed under one or more of the Rules of Civil Procedure — the standard vehicle is a Motion to Invoke the Rules of Civil Procedure.25
Even without full discovery, you can use a subpoena to compel a reluctant witness or documents for the hearing. Ask the clerk to issue it.25
Step 4 · Trial
Preparing and presenting your trial
The trial is informal but real. The rules of evidence apply, but are liberally construed, and the judge may help a self-represented party with courtroom procedure.
The judge may assist you on decorum and the order of presenting evidence, but may not give you legal advice or act as your advocate.26 Bring your contract and documents (originals plus copies), photographs, receipts and a damages calculation, texts or emails, and your witnesses. Organize an exhibit list and a witness list, and bring enough copies for the judge and the other side.
Bring three copies of every document — one for the judge, one for the other side, and one for yourself. Organized paper makes you credible and keeps the hearing moving.
Step 5 · Collect
Judgment, interest, and collecting
Winning is only half the battle — the court does not collect the money for you.
A money judgment earns interest at the statutory rate, which the state resets quarterly.27 To find the debtor's assets, you can ask the court to order the debtor to complete a Fact Information Sheet within 45 days; a self-represented individual creditor can also request a hearing in aid of execution to question the debtor under oath.28 From there, collection tools include writs of execution, garnishment, and judgment liens.
Request the Fact Information Sheet and make sure the enforcement paragraph is in your judgment. Many winning parties never collect simply because they never take these steps.28
After
Appeals and common mistakes
Review of a small claims judgment goes to the circuit court, on a strict deadline.
An appeal from a small claims judgment is taken under the Florida Rules of Appellate Procedure to the circuit court sitting in its appellate capacity, and the notice of appeal must be filed within 30 days of the judgment.29 Remember that a business must hire a lawyer to appeal.9
Treating the pretrial conference as the trial
Showing up unprepared — or not at all — is the most common, most costly error.
Assuming you can send discovery
Between two self-represented parties, you must ask the judge first.
Winning but not collecting
Skipping the Fact Information Sheet and enforcement paragraph.
Before You File
A quick small claims checklist
- My principal claim is $8,000 or less, and I sued the correct legal name.
- I filed a concise Statement of Claim and attached any written document.
- I paid the fee or applied for civil indigent status.
- I served the defendant properly and within 120 days.
- I calendared the pretrial conference and will personally appear.
- I came to mediation ready to negotiate within a realistic range.
- If I need discovery, I asked the court to allow it.
- I organized exhibits and witnesses, with three copies of each document.
- If I win, I will request the Fact Information Sheet to collect.
Where to find Florida law — for free
Fees, forms, and local procedures vary by county, and the judgment-interest rate changes every quarter. Confirm the current figures and your clerk's requirements before you file. For more OLSI guides, visit openlawservices.org.
Sources & Authorities
Endnotes
Every legal proposition in this guide is grounded in the authorities below, cited in Bluebook form and verified against official Florida sources as of July 2026.
- Fla. Sm. Cl. R. 7.010–7.353 (Florida Small Claims Rules). ↩
- Fla. Sm. Cl. R. 7.050(c) (clerk to assist litigants in preparing the statement of claim and other papers). ↩
- Fla. Sm. Cl. R. 7.010(b) (rules apply to actions demanding money or property not exceeding $8,000, exclusive of costs, interest, and attorneys' fees). ↩
- § 34.01(1)(c), Fla. Stat. (2025) (county court civil jurisdiction up to $50,000 for actions filed on or after Jan. 1, 2023). ↩
- Fla. Sm. Cl. R. 7.050(a)(2); Fla. Sm. Cl. R. 7.230 (business entity may appear through a principal or authorized employee at the trial level; a non-lawyer may not represent a business on appeal). ↩
- Fla. Sm. Cl. R. 7.090(f) (non-lawyer may appear at mediation with signed written authority and full settlement authority). ↩
- Fla. Sm. Cl. R. 7.050(a)(1), (b) (statement of claim in concise form; attach written documents; claim need not be verified). ↩
- Fla. Sm. Cl. R. 7.060; ch. 47, Fla. Stat. (2025) (venue). ↩
- § 34.041(1), Fla. Stat. (2025) (county court filing fees by claim tier; summons service charge). ↩
- § 57.082, Fla. Stat. (2025) (determination of civil indigent status by the clerk; waiver of fees; penalty for false information); § 57.081 (right to proceed when prepayment waived). ↩
- Fla. Sm. Cl. R. 7.070 (service by personal service under Fla. R. Civ. P. 1.070, by certified mail on Florida residents, or by constructive service; 120-day service deadline). ↩
- Fla. Sm. Cl. R. 7.090 (pretrial conference within 50 days of filing; personal appearance; purposes including settlement and setting trial). ↩
- Fla. Sm. Cl. R. 7.160, 7.170 (dismissal if plaintiff fails to appear; default if defendant fails to appear). ↩
- Fla. Sm. Cl. R. 7.090(c) (written defensive pleadings not necessary unless ordered). ↩
- Fla. Sm. Cl. R. 7.100 (counterclaims and setoffs; timing; transfer if the amount exceeds jurisdiction). ↩
- Fla. Sm. Cl. R. 7.020 (limited applicability of the Rules of Civil Procedure; discovery on leave of court; subpoenas under Fla. R. Civ. P. 1.410 apply). ↩
- Fla. Sm. Cl. R. 7.140 (trial; rules of evidence liberally construed; judge may assist self-represented parties but may not advise on the law). ↩
- § 55.03, Fla. Stat. (2025) (post-judgment interest rate, reset quarterly by the Chief Financial Officer). ↩
- Fla. Sm. Cl. R. 7.221 (fact information sheet within 45 days; hearing in aid of execution). ↩
- Fla. R. App. P. 9.030(c), 9.110(b); Fla. Sm. Cl. R. 7.230 (appeal to circuit court; 30-day notice of appeal). ↩
A note on citations: filing fees, the judgment-interest rate, and local procedures change over time — fees are listed as approximate and the interest rate resets quarterly. Always confirm the current figures and your county clerk's requirements before relying on them.