Florida Small Claims: Limits, Fees, and Procedure

Florida small claims is the simplified-procedure track that the state’s county courts use for low-dollar money disputes. It is not a separate court; it is the county court applying the Florida Small Claims Rules instead of the longer Florida Rules of Civil Procedure. Cornell’s Legal Information Institute describes small claims courts generally as state-court tracks with informal evidence rules and frequent self-represented litigants, and Florida’s version fits that description. This reference covers what fits in small claims, where to file, the dollar limits and fees, how the pretrial conference and trial work, what service of process looks like, what happens after a judgment, and the major exceptions that send a case to a different track.

What fits in Florida small claims

Florida small claims is built for one thing: a request that another party pay a sum of money. The dollar limit is set by Rule 7.010(b) of the Florida Small Claims Rules, which limits the small claims track to claims where the amount in controversy, exclusive of costs, interest, and attorney fees, does not exceed $8,000.

Claims above the $8,000 cap still belong in county court if they are under $50,000, but they proceed under the longer Florida Rules of Civil Procedure, not the simplified Small Claims Rules. The full county-court jurisdictional range comes from Fla. Stat. § 34.01, which gives the county courts original jurisdiction over civil actions where the matter in controversy does not exceed $50,000 (for actions filed on or after January 1, 2023). Cases above $50,000 belong in circuit court.

A plaintiff with a claim above the small claims cap can choose to waive the excess and proceed in small claims for $8,000, but the waived amount cannot be recovered later. Cases that involve title to real property or that ask the court for something other than money (an injunction, a declaration of rights, equitable rescission) cannot be filed in small claims even if a money component is also at stake.

Common claim types that fit inside the Rule 7.010(b) cap include:

• Unpaid invoices, loans, and contract balances
• Return of a security deposit
• Damage to property within the small claims dollar limit
• Money owed under a verbal or written agreement
• A consumer’s claim against a merchant for a defective good or service
• Replevin (recovery of specific personal property) and certain garnishment proceedings, which the Small Claims Rules cover under a separate fee schedule

Key terms used in Florida small claims

Florida small claims uses some procedural vocabulary that differs from other states. The terms below recur across every spoke article in this section.

The Statement of Claim is the document that starts the case. It is the Florida equivalent of a complaint, formatted on Form 7.310 from the Florida Small Claims Rules. The plaintiff states who is being sued, for how much, and why.

The Notice to Appear is what the clerk issues with the filed Statement of Claim. It tells the defendant when and where to show up for the pretrial conference. The Notice to Appear plus the Statement of Claim is what gets served on the defendant.

The pretrial conference is the first court date. It is not a trial. Its purpose is to confirm service, allow the parties to attempt mediation, narrow the issues, and (if no settlement is reached) set a trial date. Many small claims cases end at the pretrial conference because the parties either settle through mediation or because the defendant fails to appear and the plaintiff takes a default.

Mediation in small claims is the supervised negotiation that the court offers (and in many circuits requires) at the pretrial conference. A volunteer or court-appointed mediator meets with the parties in a separate room and helps them try to reach an agreement. If they do, the agreement is reduced to writing and entered as a court order.

A default judgment is what the court enters when the defendant has been properly served and fails to appear. The plaintiff still has to prove damages briefly, but the absent defendant gives up the chance to dispute the facts.

The clerk of court is the elected county officer who accepts filings, issues the Notice to Appear, dockets the case, and processes the judgment. Each Florida county has its own clerk; filing happens at the small claims division of the clerk’s office, in person, by mail, or (in counties that allow it) through the statewide e-filing portal.

Where Florida small claims cases are filed

Small claims cases are filed at the small claims division of the county court in the appropriate county. Florida has 67 counties, each with its own county court and clerk. Venue (which county is correct) is set by Florida Small Claims Rule 7.060, which incorporates the general civil venue statutes.

The plaintiff can usually file in any county where one of the following is true:

• The defendant lives, or for a business, has its principal place of business in Florida
• The cause of action accrued, that is, where the contract was signed or performed, or where the injury or damage occurred
• Real property at issue is located, for the limited categories where small claims can address property-related money claims
• For a consumer credit contract, where the consumer signed the contract or now resides

When more than one county is a proper venue, the plaintiff chooses. Filing in the wrong county is a basis for the defendant to move to transfer venue or dismiss. Dismissal for improper venue is without prejudice, the case can be refiled in the right county, but filing fees, service costs, and the time already spent are not refunded.

Within the chosen county, the clerk routes the case to the right courthouse based on local administrative rules. Larger counties (Miami-Dade, Broward, Hillsborough, Duval, Orange, Pinellas) have multiple county-court locations; the clerk’s website typically includes a courthouse locator tied to street address or ZIP code.

Filing fees and fee waivers

The county-court filing fee schedule is set by Fla. Stat. § 34.041 and applies to every small claims case. As of 2026, the statutory caps are:

• Claims less than $100: up to $50
• Claims of $100 to $500: up to $75
• Claims of more than $500 up to $2,500: $170
• Claims of more than $2,500 up to $15,000: $295
• Garnishment, attachment, replevin, or distress proceedings: an additional fee up to $85
• Claims of $1,000 or less filed simultaneously with a replevin action: $125

The clerk also charges $10 for issuing each summons under § 34.041(1)(d). Postal charges for service by certified mail are billed to the party requesting service.

A plaintiff who cannot afford the filing fee can apply for a fee waiver by filing an Application for Determination of Civil Indigent Status with the clerk. The clerk reviews household income, public-benefits status, and other factors set by Fla. Stat. § 57.082. Filing the indigent-status application alongside the Statement of Claim keeps the case from being rejected for non-payment while the application is pending.

The pretrial conference and the trial

Once the Statement of Claim is filed and served, the case proceeds toward the pretrial conference date the clerk set at filing. Both parties are required to appear, either in person or, in many counties, by Zoom or other approved remote means.

At the pretrial conference, the judge confirms that the defendant has been properly served, asks whether anyone is asserting an affirmative defense or counterclaim, and refers the parties to mediation. Mediation is provided by volunteer or staff mediators and typically takes 20 to 60 minutes per case. If the parties reach an agreement, the mediator drafts a settlement that the parties sign and the judge enters as an order; the case ends there.

If mediation does not resolve the case, the judge sets a trial date. Florida small claims trials are short, typically scheduled in 15-minute to 1-hour blocks, and the rules of evidence are applied loosely. The plaintiff presents first, calling witnesses and introducing exhibits; the defendant cross-examines and then puts on a defense. The judge usually announces a decision from the bench or issues a written ruling within a few days.

Unlike California, Florida permits attorneys to represent parties at every stage of a small claims case. A plaintiff may appear pro se (without counsel) or hire a lawyer; the same is true for the defendant. Corporate parties have a similar choice, a Florida corporation may appear through an officer, director, managing agent, or attorney under Small Claims Rule 7.050.

A defendant who wants to bring a money claim against the plaintiff in the same case files a counterclaim. A counterclaim within the small claims cap stays in small claims; one that exceeds the cap will trigger transfer of the entire case to the regular county-court civil track unless the defendant waives the excess.

Service of process on the defendant

A defendant who has not been properly served cannot be forced to appear, and a default judgment entered without proper service is voidable. Service of process gives the court personal jurisdiction over the defendant.

Florida Small Claims Rule 7.070 governs how the Statement of Claim and Notice to Appear must be served. The methods available are:

• Service by certified mail through the clerk. The clerk mails the documents with return receipt requested. Service is complete on the date the defendant signs for the envelope. The plaintiff pays the postage charges set under Fla. Stat. § 34.041.
• Personal service by the sheriff. The county sheriff serves the documents for a fee that varies by county (typically $40 to $50 per defendant).
• Personal service by a private process server. A certified process server in the county can serve the defendant; fees are set by the server and typically run $50 to $100 per service attempt.
• Substituted service. Where the defendant cannot be located for personal service, alternative service on a household member or at the defendant’s usual place of business is allowed under the procedure set out in Fla. Stat. § 48.031.
• Service on corporate defendants. Florida corporations and LLCs must be served through their registered agent on file with the Florida Department of State, identified through the Sunbiz business records.

After service, the server (sheriff, process server, or the clerk for certified-mail service) completes and files a Return of Service describing who served the defendant, when, where, and how. Defective service is the single most common reason a small claims case has to be reset, so completing service well in advance of the pretrial conference avoids losing the original court date.

After the judgment: collecting, appealing, and time limits

A judgment in a small claims case is enforceable the same way as any other civil judgment in Florida. It does not automatically result in the defendant paying. The plaintiff (now the judgment creditor) takes the next step to collect.

The most common collection tools are a writ of garnishment against the defendant’s wages or bank account (filed under chapter 77 of the Florida Statutes), a writ of execution against the defendant’s nonexempt personal property, and a judgment lien on real property recorded with the clerk under the procedures in chapter 55. Florida has significant homestead and head-of-household exemptions that limit what a judgment creditor can reach.

A party who lost in small claims may appeal to the circuit court within 30 days of the entry of the final judgment. The circuit court reviews the appeal on the existing record; new evidence is not introduced. The notice-of-appeal filing fee is set by Fla. Stat. § 28.241(2)(a) at up to $280, in addition to the costs of preparing the record on appeal.

The time limit to file a small claims case in the first place comes from Florida’s statutes of limitations. Fla. Stat. § 95.11 sets the principal periods used in small claims:

• Five years for a contract or other obligation founded on a written instrument
• Four years for a contract not on a written instrument, an action founded on statutory liability, trespass, fraud, or the recovery of specific personal property
• Two years for an action founded on negligence
• Two years for libel or slander

A money judgment, once entered, is itself enforceable for 20 years under § 95.11(1), so a judgment creditor has two decades to pursue collection before the judgment lapses.

Common exceptions and edge cases

Several categories of cases do not behave like ordinary small claims, even when the dollar amount fits.

Cases against government entities. A claim against the state, a county, a city, or another governmental body generally requires presuit notice under Fla. Stat. § 768.28. The notice typically must be filed in writing with the relevant agency at least six months before suit, and sovereign-immunity caps limit how much can be recovered.

Claims against active-duty servicemembers. The federal Servicemembers Civil Relief Act and Florida’s parallel protections under Fla. Stat. § 250.5201 allow servicemembers to obtain a stay of civil proceedings during active service and impose additional procedural protections.

Probate, family law, and landlord-tenant evictions. These cases have their own dedicated rules and are not heard under the Small Claims Rules even when a money amount is at issue. An eviction for nonpayment of rent, for example, runs under the summary procedure of Fla. Stat. § 51.011 rather than the Small Claims Rules.

Class actions. Florida Small Claims Rule 7.020(c) excludes class actions from the simplified procedure. A single named plaintiff suing for $8,000 or less can use small claims; a representative plaintiff suing on behalf of a class cannot.