To file a small claims suit in Florida, you send the other party a demand letter, then file a Statement of Claim with the Small Claims Division of the County Court in the right county, pay a filing fee of $55 to $300 depending on the amount you’re claiming, and arrange to have the defendant served. Florida small claims court handles disputes up to $8,000, and the entire process is built so you can do it without hiring a lawyer.
If someone owes you money and you’re tired of chasing them down, Florida’s small claims court is designed exactly for situations like this. It moves faster than regular civil court, costs less to file, and you don’t need an attorney to represent you. Here’s exactly how the process works from start to finish.
What Counts as a Small Claim in Florida
Florida’s small claims court, officially the Small Claims Division of the County Court, can hear money disputes up to $8,000, not counting court costs, interest, or attorney fees. This cap is set by Florida Statute §34.01 and the Florida Small Claims Rules, which took effect at the start of 2026 specifically to keep the process accessible for people without legal training.
If your claim is bigger than $8,000, you have two choices: voluntarily reduce what you’re asking for down to the cap, or file in a different division of the County Court or in Circuit Court instead. Keep in mind that small claims court can only award money. It can’t force someone to finish a job, hand back a specific item, or change their behavior going forward.
Step 1: Send a Demand Letter First
Before you file anything, send the person or business you’re suing a written demand letter asking for payment. This isn’t legally required in every case, but Florida courts and clerks generally expect to see that you tried to resolve things directly first, and it strengthens your case if you end up in front of a judge.
Keep your demand letter simple: state what you’re owed, why, and give a reasonable deadline to pay before you file. Send it by certified mail so you have proof it was delivered, and keep a copy for your records.
Step 2: Figure Out Where to File
You’ll file your Statement of Claim at the County Court in the county where the defendant lives, where the defendant’s business operates, or where the dispute actually happened. Florida law doesn’t let you shop around for whichever county feels convenient. Picking the wrong venue can get your case dismissed or transferred, which just costs you more time.
Step 3: Complete and File the Statement of Claim
Florida’s small claims process uses a standard form called a Statement of Claim. You’ll need the defendant’s full legal name and current address, a clear description of what happened and how much you’re owed, and any reference numbers or account details that help identify the dispute.
You can usually get this form at the County Court clerk’s office or download it from the clerk’s website. Fill it out completely. Missing or vague information is one of the most common reasons clerks send people back to redo paperwork.
Step 4: Pay the Filing Fee
| Claim Amount | Typical Filing Fee |
|---|---|
| Up to $100 | $55 |
| $100.01 to $500 | $80 |
| $500.01 to $2,500 | $175 |
| $2,500.01 to $8,000 | $300 |
These fees are tiered by how much you’re claiming, and they’re set by statute, so they shouldn’t vary much between counties, though it’s worth confirming the exact current amount with your local clerk before you go in. If you can’t afford the fee, ask the clerk’s office about a fee waiver for indigent filers.
Don’t Forget Service Fees
Filing the paperwork is only half the cost. You also have to pay to have the defendant formally served, usually through the sheriff’s office, which typically runs an additional $40 to $50.
Step 5: Serve the Defendant
The defendant has to be officially notified of the lawsuit before the case can move forward. In Florida, this is usually done by the sheriff’s office, a private process server, or in some cases certified mail, depending on your county’s rules. The clerk’s office can walk you through which service method your county uses and what it costs.
Step 6: Attend the Pretrial Mediation
Florida requires a pretrial mediation conference in most small claims cases before a judge ever hears the dispute. This is one of the more distinctive parts of Florida’s process. A neutral mediator sits down with both sides and tries to help you reach an agreement without a trial.
A surprising number of Florida small claims cases end right here, at the mediation table, instead of in a courtroom. If both sides reach an agreement, that becomes the resolution. If mediation doesn’t work, the case moves on to a formal hearing in front of a judge.
How Long the Process Takes
From the day you file to the day you get a hearing date, Florida small claims cases typically take 30 to 90 days. Straightforward cases with clear documentation and a defendant who shows up tend to resolve faster than disputes involving complicated facts or a defendant who doesn’t respond.
What Happens If You Win
Winning your case doesn’t automatically get you paid. Florida courts don’t collect the money for you. If the defendant doesn’t pay voluntarily after judgment, you’ll need to pursue collection yourself, which can include wage garnishment, a bank levy, or placing a lien on property the defendant owns. It’s worth thinking through collection options before you file, especially if you already suspect the other side won’t pay willingly.
This article explains the general filing process and isn’t legal advice for your specific situation. Florida’s small claims rules, fees, and local procedures can change, and individual counties sometimes handle certain steps differently, so confirm current requirements with your county’s Small Claims Division clerk before filing.
Frequently Asked Questions
What is the maximum amount I can sue for in Florida small claims court? The maximum is $8,000, not including court costs, interest, or attorney fees, as set by Florida Statute §34.01.
Do I need a lawyer to file in Florida small claims court? No. Florida’s small claims process is designed so individuals can represent themselves, though attorneys are allowed if you choose to hire one.
How much does it cost to file a small claims case in Florida? Filing fees range from $55 to $300 depending on how much you’re claiming, plus an additional $40 to $50 for serving the defendant.
Is mediation required in Florida small claims cases? Yes, most Florida counties require a pretrial mediation conference before the case can proceed to a formal hearing.
How long does it take to get a court date after filing in Florida? Most cases get a hearing date within 30 to 90 days of filing.
What happens if the defendant doesn’t pay after I win? You’ll need to pursue collection yourself through methods like wage garnishment, a bank levy, or a property lien, since the court doesn’t collect the judgment for you.