Most people can't afford to hire an attorney to litigate on their behalf, especially when a relatively small dollar amount is at stake. Small claims court can solve this problem. Small claims court procedures are simplified, quick, and inexpensive, making it an excellent forum for straightforward disputes, such as security deposit cases or automotive repair disputes.
What Is the Dollar Limit in Florida County Court Small Claims Cases?
Because of the relaxed procedures, you won’t be able to recover as much as you would in other courts. You can recover up to $8,000 in a Florida small claims court action. (Florida Small Claims Rules, Rule 7.010 (2025).)
If you’d like to recover more, you must go to a higher court. However, it might not be worth the effort required to learn the complicated rules or the expense of hiring an attorney.
What Type of Claim Can I Bring in Florida County Court?
Almost any matter that can be resolved by awarding money is fair game. Small claims court is often used to recover unpaid debts, wages, security deposits, and medical costs after minor injuries, such as dog bites. For instance, small claims court works well if you want reimbursement for your rental unit’s broken fence after an unapproved Airbnb party or for a door ding incurred in a parking lot.
Also, unlike in a lot of states, landlords in Florida can also file eviction lawsuits in the small claims division of County Court. (Florida Small Claims Rules, Rule 7.010 (2025).)
"Defendants," or the parties being sued, can include mechanics, dry cleaners, or caterers who fail to provide the agreed-upon services. Or, if a retailer doesn’t give you a refund after your lawn mower malfunctions or your hair dryer catches fire, you can use small claims court to bring a defective merchandise claim.
On the other hand, small claims court probably won’t be the proper forum if you want something other than money. For example, you must go to a family law court if you want to file for divorce or change child custody.
Also, typically, most small claims courts won’t allow you to ask for punitive or “punishment” damages, bring libel or slander actions, or sue a governmental entity. Because the actions you can bring in small claims court vary by state, check your local small claims court website for specifics.
How Do I File a Small Claims Lawsuit in Florida?
The first step to starting a small claims case is filling out a "statement of claim" form, filing it with the appropriate Florida County Court, and paying the required fees. The statement of claim would be called a “complaint” in a higher court.
If you are at least 18 years old and asking for less than the small claims court limit of $8,000, you can file a claim in Florida’s small claims court. Those under 18 must be emancipated or have a parent or guardian file on their behalf. Also, most small claims courts allow business entities, such as corporations or partnerships, to bring actions in small claims courts. Consult your small claims court clerk or website for special rules.
For your statement of claim, you'll need the name and address of the defendant (the person or business you're suing). You'll also need details about your claim, including the date the claim arose and the amount you intend to ask for, known as your "damages." Because each small claims court has its own local rules, and some have specific forms, more particulars might be needed.
You must also inform the defendant when and where to appear in the small claims action. You accomplish this by delivering a copy of the small claims action in a procedure known as “service of process.” In Florida, you’ll contact the local small claims court for information regarding completing service of process. Some courts will have the sheriff serve the defendant on your behalf, while in others, you’ll arrange for a process server to serve the paperwork.
How Much Time Do I Have to File a Small Claims Action in Florida?
You only have a limited amount of time to file, because you must bring a lawsuit within the “statute of limitations” period. Limiting time helps courts resolve cases while memories are fresh and evidence is still available.
How many years you'll have under the statute of limitations will depend on whether it's an injury or property damage case, an oral and written contract matter, or another cause of action.
Also, the rules aren't always as simple as they seem. For instance, the statute of limitations will stop temporarily or “toll” in some situations, such as if the plaintiff is a minor or incarcerated.
Caution: Check the applicable statute of limitations carefully. When conducting statute of limitations research, be thorough. You’ll lose the ability to pursue your case if you rely on the wrong statutory period and file too late.
Which Florida County Court Should I File In?
In Florida, you’ll file your small claims matter in the Florida County Court. If you choose the wrong location (or "venue"), the defendant can ask the court to move or dismiss the action.
The Florida venue rules require you to file in one of the following locations:
- where the contract was entered into
- to recover property or to foreclose a lien, where the property is located
- where the event giving rise to the suit occurred
- where any one or more of the defendants reside
- for an unsecured promissory note, where the note was signed or where the maker resides
- any location agreed to in a contract, or
- if money is due but an agreement doesn’t specify where the suit should be filed, where payment is to be made.
(Florida Small Claims Rules, Rule 7.060 (2025).)
If the defendant is not a resident of Florida, or if the defendant's residence is unknown, other rules will apply, and there might be other exemptions. Consider reviewing the small claims court website, contacting the court clerk or self-help center, or speaking with a lawyer to ensure you file your action correctly.
Does the Defendant Need to Respond to a Small Claims Action in Florida?
No, the defendant doesn't need to file a written response to the small claims complaint. But the defendant or the defendant's attorney must appear personally at a pretrial conference. And the defendant must file a counterclaim (if they have one) in writing at least five days before the date of the pretrial conference. (Florida Small Claims Rules, Rules 7.090, 7.100 (2025).)
Find out more about defending a small claims action.
How Do I Prepare for Trial in Small Claims Court?
If you don’t want a judge to hear your small claims matter, you’re in luck. The Florida County Court is one of the few small claims courts in the country that allows a trial by jury. A plaintiff who wants a jury trial must make the demand when filing the claim; a defendant must demand it within ten days after service of the case notice, or at the pretrial conference. Otherwise, a judge will hear the case. In either case, if you demand a jury trial, you’ll want to find out if you must deposit jury fees or pay other costs. (Florida Small Claims Rules, Rules 7.150 (2025).)
Most people don't enjoy appearing in court, and stress can run high. The best way to ensure that you'll do well before the judge or jury is through careful preparation. Consider doing the following:
- preparing a compelling statement
- gathering documents and evidence, such as contracts, credit card statements, and photographs
- selecting reliable witnesses (people who saw what happened or experts on the subject matter of the claim involved) to come to court to tell what they have seen or heard (they might be able to submit a statement)
- deciding on the order in which you will present your evidence, and
- preparing what you will say in court.
Also, outline the points you plan to make to avoid missing anything and organize the exhibits you want to introduce according to when you'll use them.
It's a good idea to educate yourself on the basic rules of evidence because they apply in small claims court. However, proving your “damages” or the amount you've lost can be simpler because the judge can consider estimates, bills, and other loss statements.
What Happens If the Other Side Doesn’t Show Up?
You'll likely win by default. However, you won't automatically get the requested claim amount. Be prepared to "prove up" your damages. You'll explain to the court how you determined the amount of loss and present supporting evidence.
After Winning a Florida Small Claims Case: How Do I Collect the Judgment?
The judge will order the other party to pay a specified amount if you win. Some judges announce the decision immediately following the hearing. However, in most courts, the clerk will “enter” or file and mail the judge's decision a few days after the hearing.
Ideally, all will go smoothly, and you’ll emerge the victor. But the matter won't be over if the defendant isn't willing to pay the court judgment because the court won't collect the money judgment for you. You'll need to take steps to collect the money judgment.
If you analyzed your chances of getting paid before filing, you likely determined that the defendant wasn't “judgment proof” or someone who doesn't have collectible assets. However, not every plaintiff does this research beforehand. Either way, the next step is learning how to collect your small claims money judgment.
Most people try to levy a bank account or garnish wages first because these approaches are usually more fruitful than trying to recover property. If you don't know where to find the defendant's assets, your court will likely have a discovery process that will let you find out.
Can I Appeal a Florida Small Claims Court Decision?
If you disagree with the outcome of the case, you can appeal. But you'll have to move fast: You'll lose your rights if you don't file an appeal on time. Either side can appeal a small claims court decision, but the appeal must be filed within 30 days after the judgment is rendered. (Florida Rules of Appellate Procedure, Rules 9.110 (2025).)
Caution: Check the dates carefully. You must comply with appeal requirements explicitly. If unsure about the appeal process, follow up with the self-help center or a local attorney.
Where Can I Find More Information on Florida Small Claims Court?
You can read Florida's small claims court rules online on the Florida Bar's website. See, especially, Florida Small Claims Rules, Rules 7.010 to 7.350, and Florida Rules of Appellate Procedure, Rule 9.110.
Most small claims courts have some self-help service available, and that's usually a good place to start. For example, see Florida Courts' Small Claims Self-Help page for more information and links to additional resources.
You’ll also find detailed small claims information in Everybody's Guide to Small Claims Court, by Cara O'Neill (Nolo). It includes helpful tips covering all aspects of the small claims process, including preparing a compelling case and collecting the money when you win.
Can I Hire a Lawyer to Represent Me in Florida Small Claims Court?
If you’re uncomfortable representing yourself, you can hire a lawyer. Legal counsel can represent claimants in Florida small claims court, but you're not required to have a lawyer. Also, Florida rules state that any party who is represented by an attorney is subject to the discovery process. (Florida Small Claims Rules, Rule 7.020 (2025).)