The Florida Small Claims Rules are a short, self-contained set of procedures, numbered 7.010 through 7.345, that govern low-dollar money cases in county court. They sit underneath the broader overview of Florida small claims; this article stays close to the rule text itself, walking a case from the Statement of Claim through service, the pretrial conference, trial, and the steps for collecting a judgment.
What the small claims rules cover, and the $8,000 line
Small claims is not a separate court in Florida. It is the county court applying a simplified rulebook instead of the longer Florida Rules of Civil Procedure. The dividing line is the amount in controversy. The small claims rules apply when the claim is for money and does not exceed $8,000 exclusive of costs, interest, and attorney’s fees, under Rule 7.010(b).
County court jurisdiction itself reaches much higher. Under Fla. Stat. § 34.01, county courts hear civil actions up to $50,000 for cases filed on or after January 1, 2023, also exclusive of interest, costs, and attorney fees. A claim between $8,000.01 and $50,000 belongs in county court, but it proceeds under the regular civil rules rather than the small claims track.
The small claims rules also borrow from the civil rules when a case needs more structure. Rule 7.020 makes most of the Florida Rules of Civil Procedure inapplicable by default, but lets the court order a case to proceed under them, and limits formal discovery to situations the court allows. The result is a rulebook designed for parties who appear without lawyers, while leaving room for a judge to add formality when a dispute calls for it.
Starting a case: the Statement of Claim
A small claims case begins with a Statement of Claim, the document the plaintiff files to open the action under Rule 7.050. The rules supply official fill-in forms for common claims, including the Statement of Claim forms numbered in the 7.330 series, so a self-represented plaintiff is not drafting a complaint from scratch.
Identify the parties by their correct legal names
An individual sues in their own name. A business is sued in its legal name, which for a corporation or LLC is the registered name on file with the Florida Department of State. A wrong or incomplete defendant name is a frequent reason a later judgment becomes hard to enforce.
State the amount and the basis for the claim
The Statement of Claim asks for the sum demanded and a short, specific description of why it is owed, with dates and amounts. A copy of the contract, invoice, or other written basis for the claim is attached when one exists.
File with the clerk in the right county
The plaintiff files the claim with the clerk of the county court. Rule 7.060 sets venue, which generally lies where the defendant lives, where the cause of action accrued, or where the property in dispute is located.
Time limits outside the rules still apply to the underlying claim. Florida sets a deadline to sue by the type of claim under Fla. Stat. § 95.11: five years for an action on a written contract, four years for one not founded on a written instrument such as an oral contract, and two years for negligence. A claim filed after its limitations period can be dismissed even though it fits the small claims dollar limit.
Serving the defendant
Filing opens the case, but the court gains authority over the defendant only through service of process. The small claims rules do not invent their own service method. Rule 7.070 directs that service follows Florida’s general service statutes and the civil rules.
Under Fla. Stat. § 48.031, original process is served by delivering a copy of the claim and summons to the person, or by leaving the copies at the person’s usual place of abode with any resident who is 15 years of age or older and telling that person what they contain. A corporation or LLC is served through its registered agent. A defendant who is never properly served cannot be bound by a judgment, which is why the proof of service the process server files matters as much as the delivery itself.
The pretrial conference and mediation
The most distinctive feature of Florida small claims is that the first court date is a pretrial conference, not a trial. Rule 7.090 sets the appearance: the defendant responds by showing up at the conference rather than by filing an answer, and the conference is where the judge sorts out what is actually disputed.
At the conference the judge confirms the parties are present, identifies the issues, and explores settlement. Florida small claims leans heavily on mediation, and many counties send the parties to a mediator the same day. If the case settles, the agreement is recorded and the case ends without a trial. If it does not, the judge sets a trial date, usually a short hearing in the following weeks.
Because the conference is the defendant’s response, skipping it carries the same weight as ignoring a regular lawsuit. A defendant who does not appear risks a default, covered below.
Trial, evidence, and the right to a jury
A small claims trial is short and informal by design. Rule 7.140 directs the court to conduct the trial in a way that gives both sides a chance to present their evidence, and provides that the rules of evidence apply but are to be liberally construed. In practice that means a party can usually present receipts, photographs, messages, and the testimony of witnesses without the formal foundation a complex civil trial would demand.
Either side may ask for a jury. Rule 7.150 preserves the right to a jury trial on a written demand, and sets a tight window for making it.
Default, judgment, and collecting what you win
When a defendant who was properly served fails to appear at the pretrial conference, Rule 7.170 allows the plaintiff to seek a default, and the court can enter a judgment for the amount supported by the claim. A party who loses can ask the same court to take another look: Rule 7.180 allows a motion for new trial or rehearing, which must be served within 10 days after the judgment is entered. That period also runs in calendar days, with the same weekend-and-holiday extension.
A judgment is a court’s declaration that the money is owed, not a payment. Collecting it is a separate process the rules also address. Under Rule 7.200, the clerk issues a writ of execution on the judgment, which a sheriff can use to levy on nonexempt property. To find that property, Rule 7.221 lets the judgment creditor request a hearing in aid of execution, and Florida judgments commonly order the losing party to complete a fact information sheet, Form 7.343, listing assets and income within 45 days unless the judgment is paid first.
One of the most common enforcement tools is garnishment, which reaches money a third party holds for the debtor, such as a bank account or wages. The mechanics live in their own procedure; the starting point is getting a writ of garnishment in Florida. Wages in particular carry strong protections, and Florida’s wage garnishment exemptions can shield the earnings of a head of household entirely, which is worth understanding before counting on a paycheck to satisfy a judgment.
Frequently asked questions
What is the dollar limit under the Florida small claims rules?
The rules apply to money claims of $8,000 or less, exclusive of costs, interest, and attorney’s fees, under Rule 7.010(b). A claim above $8,000 but no more than $50,000 still belongs in county court under Fla. Stat. § 34.01, but it proceeds under the regular Florida Rules of Civil Procedure rather than the small claims track.
Do I have to file a written answer in Florida small claims?
No. Under Rule 7.090, a defendant in small claims responds by appearing at the pretrial conference set in the summons, not by filing a written answer in advance. A defendant who wants to assert a counterclaim or has documents to present brings them to the conference.
Can I have a lawyer in Florida small claims?
Yes. Florida allows attorneys to represent either party in small claims. Many parties appear without one because the rules are simplified and the evidence standards are relaxed, but representation is permitted on both sides.
What happens if the defendant does not show up?
If the defendant was properly served and fails to appear at the pretrial conference, Rule 7.170 allows the plaintiff to seek a default, and the court can enter a judgment for the amount the claim supports. A defendant who missed the date for a valid reason can ask the court to set the default aside.
How long do I have to ask for a new trial after losing?
A motion for new trial or rehearing must be served within 10 days after the judgment is entered, under Rule 7.180. Separate from that, a party can seek relief from a judgment for reasons such as mistake or excusable neglect under the relief-from-judgment procedure the small claims rules incorporate.
Does winning a small claims judgment mean I get paid?
Not automatically. A judgment establishes the debt; collecting it is a separate step. The clerk can issue a writ of execution under Rule 7.200, and a judgment creditor can use tools such as garnishment of a bank account or wages, subject to Florida’s exemptions, to recover the money.