How to file a small claims case in Florida, step by step

Ask for payment in writing

Florida doesn't require a demand letter before you file, though it's a good idea. For a bounced check, a written demand with 30 days to pay is required to claim triple damages.

Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.

Check the limit and your deadline

In Florida you can sue for up to $8,000 in the County Court, Small Claims Division.

Run the 60-second case check to see the last day you can file.

Collect the details the form asks for

• Your full name, address and phone
• The defendant's exact legal name and a street address where they can be served (not a P.O. box)
• The amount you're asking for and how you got that number
• The date the problem happened
• A short plain description of what happened
• Proof you asked for payment, if you did

Find the defendant's exact legal name

Use the exact name on Sunbiz and serve the registered agent listed there.

Search: Florida Division of Corporations (Sunbiz).

Gather your evidence

• The contract, lease, invoice or receipt
• Photos of the damage, dated if possible
• Texts, emails and letters with the other side
• Two written repair estimates or proof of what you paid
• Your demand letter and proof it was sent
• Names and contact details of any witnesses

Get the right form

Statement of Claim: Statement of Claim, available from your county clerk. Ask the court clerk or check your court's website.

Describe your claim clearly

• Who: you and the defendant, with full legal names and addresses
• What: the agreement or event, in 2–4 plain sentences
• When: the date it happened
• How much: the exact amount (no more than $8,000) and how you calculated it
• What you did: when you asked for payment and their response

Sign it the right way

Sign the Statement of Claim; many clerks ask for it to be notarized or signed in front of a deputy clerk, so check yours.

Make copies

Bring the original, one copy for each defendant, and one for yourself, with copies of the contract or document you're suing on attached.

File your claim

Choose how you'll file:

File with the county court clerk where the defendant lives, where the contract was made or was to be paid, where the event happened, or where the property is.

Pay the filing fee

$55 for claims under $100, $80 up to $500, $175 up to $2,500, and $300 up to $8,000. Issuing the summons (about $10 per defendant) and serving it (about $40 by sheriff, or a few dollars by certified mail) cost extra. Amounts vary slightly by county. Can't afford it? Ask for a fee waiver: Application for Determination of Civil Indigent Status, usually if household income is at or below 200% of the federal poverty line.

Keep what the clerk gives you

You get a case number and a Summons/Notice to Appear with the pretrial conference date.

Have the papers served

The sheriff or a certified process server delivers the Summons/Notice to Appear. For defendants in Florida, the clerk can also send it by certified mail, but only if the defendant signs the receipt. Don't serve the papers yourself.

File proof of service at least 5 days before the pretrial conference, and serve everyone within 120 days of filing.

File proof of service

Return of service

The sheriff or process server files the return; with certified mail, the signed receipt goes in the court file. It must be filed at least 5 days before the pretrial conference.

If service fails

Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.

Watch for the defendant's response

The defendant comes to the pretrial conference to admit or dispute the claim; a counterclaim must be filed at least 5 days before it.

Settling before the hearing

Put any settlement in writing; the court can enter it as an agreement and you dismiss the case once it's paid.

Get any settlement in writing, signed by both sides, with the amount and payment date.

Line up your witnesses

A witness who saw what happened is stronger than a written statement; some judges won't accept letters.

Ask the clerk to issue a witness subpoena and have it served.

Prepare your file

• Three copies of every document: for you, the judge and the defendant
• A one-page timeline of what happened, with dates
• A short sheet showing how you calculated the amount
• Photos printed or ready on your phone (ask the clerk if screens are allowed)

On the day

• The first date is a pretrial conference, often with mediation; come ready to settle or set a trial date
• Bring someone with authority to settle if a business is involved
• Arrive 30 minutes early and check in with the clerk or bailiff
• Bring three copies of every document and your evidence in date order
• Bring your witnesses, or a subpoena if they won't come voluntarily
• Turn your phone to silent; dress neatly

Tell your story

Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.

If someone doesn't show up

If the defendant doesn't come to the pretrial conference, you can ask for a default judgment. If you don't come, your case can be dismissed.

Know the appeal rules

Either side can appeal within 30 days after the judgment. County court appeals go to Florida's District Court of Appeal and follow the appellate rules; a business must use a lawyer on appeal.

Collect your money

If they don't pay, record the judgment as a lien, ask the clerk for a writ of execution, or garnish wages or bank accounts. The judge can order the debtor to fill out a Fact Information Sheet.

Close the case once you're paid

Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.