Filing a Small Claims Case in Florida

This article covers the filing steps for a money claim of $8,000 or less, the ceiling for Florida’s small claims track. It is one of the procedures explained in Florida small claims, including the limits and fees. Filing means confirming the dispute fits the $8,000 track, choosing the right county, completing a Statement of Claim, paying the clerk, and arranging for the defendant to be served.

Confirm your dispute fits Florida small claims

Florida routes low-dollar money disputes to a simplified track inside county court. County courts hear civil claims up to $50,000 under Fla. Stat. § 34.01, but the small claims track, with its faster and less formal rules, applies only to claims of $8,000 or less. That $8,000 cap comes from Florida Small Claims Rule 7.010 and counts only the principal amount; the state’s small claims resources confirm that interest, court costs, and attorney fees sit on top of it.

Some matters do not belong in small claims even when the amount is within the $8,000 limit set by Rule 7.010. Disputes over title to real property, for example, follow different procedures, and a claim against a government body usually requires a written notice to that body before any suit.

Choose the right county to file in

Venue (the county where a case belongs) is governed by Florida Small Claims Rule 7.060. A small claims case is generally filed in the county where the defendant lives, where the event giving rise to the dispute happened, or where a contract was entered into or was supposed to be performed. The summons warns the defendant of the right to object to venue, so filing in a county with no connection to the dispute invites a challenge that delays the case.

When more than one county qualifies, the plaintiff picks among them. The clerk of the county court is the office that accepts the filing, and each county clerk publishes its own filing locations and e-filing details.

File the Statement of Claim

A Florida small claims case begins with a Statement of Claim, the document that opens the case and tells the defendant the basis and amount of the claim under Florida Small Claims Rule 7.050. The clerk of court and the state’s Florida Courts Help small claims page provide the Statement of Claim form and a guided interview for completing it.

1. Name the parties correctly

   Use exact legal names. An individual sues in their own name. A business is named by its legal name, which can be confirmed through the Florida Division of Corporations business records. A judgment is only as collectible as the name on it is accurate, so an error here causes problems later when enforcing it.

2. State the amount and the reason

   The Statement of Claim asks for the dollar amount and a short, concrete description of why it is owed. Specific dates and figures, such as “$2,400 for unpaid invoices dated January and February 2026,” do the work that a vague description of the grievance cannot.

3. Attach the supporting document

   If a written contract, lease, invoice, or promissory note underlies the claim, a copy of the relevant part is attached to the Statement of Claim, as Rule 7.050 directs.

4. File with the clerk

   File the completed Statement of Claim with the clerk of the county court in the county selected for venue. Many clerks accept electronic filing through the Florida Courts E-Filing Portal; some also take filings in person or by mail.

Pay the filing fee

The filing fee depends on the size of the claim. As of 2026, Fla. Stat. § 34.041 caps the county court filing fee at $50 for claims under $100, $75 for claims of $100 up to $500, $170 for claims over $500 up to $2,500, and $295 for claims over $2,500 up to $8,000. The clerk also collects $10 to issue each summons.

A plaintiff who cannot afford the fee can ask the clerk for a fee waiver by applying for civil indigent status under Fla. Stat. § 57.082. The clerk treats an applicant as indigent when household income is at or below 200 percent of the federal poverty guidelines, with limits on assets. The form is the Application for Determination of Civil Indigent Status, filed with the clerk alongside the Statement of Claim.

Serve the defendant

A defendant must be formally served before the court can enter a judgment. Under Florida Small Claims Rule 7.060, the clerk issues a summons, also called a notice to appear, that states the date, time, and place of the pretrial conference. That summons is served on the defendant together with a copy of the Statement of Claim.

Service can be made by the county sheriff, by a certified process server, or, in many counties, by certified mail handled through the clerk. The defendant has to be served far enough ahead of the pretrial conference for the case to go forward; when service is not completed in time, the court resets the date rather than proceeding against a defendant who never received notice.

The pretrial conference and what comes next

The first court date in a Florida small claims case is a pretrial conference, not a trial. Under Florida Small Claims Rule 7.090, the clerk sets the initial pretrial conference no more than 50 days after the case is filed, counted in calendar days from the date the Statement of Claim is filed with the clerk. At the conference the judge confirms that the defendant was served, identifies what is actually disputed, and frequently refers the parties to mediation to attempt a settlement. A settlement ends the case; if none is reached, the court sets a short trial.

Florida allows attorneys to represent either side in small claims, unlike some states that bar lawyers from the small claims process. Many individuals still appear on their own, while corporations generally appear through an attorney or a qualified officer or employee.

If the defendant was served and does not appear, the plaintiff can ask for a default, and the judge can enter a default judgment after reviewing the claim. A defendant who missed the conference for a legitimate reason can move to set the default aside.

Collecting your judgment

Winning a judgment is separate from being paid. A Florida money judgment can be enforced through tools such as garnishment of wages or bank accounts. The mechanics of getting a writ of garnishment in Florida form a procedure of their own, and state law shields part of a debtor’s pay through Florida’s wage garnishment exemptions. For the full sequence from the Statement of Claim through enforcement, see the Florida Small Claims Rules from filing to execution.