Florida Small Claims Court (2026): Limit, Fees and How to File
How small claims court works in Florida: the dollar limit, filing fees, serving the other side, the hearing, appeals and collecting your money — each answer linked to the court rule or statute.
Quick answers for Florida
- Small claims limit
- $8,000, exclusive of costs, interest and attorneys' fees, for civil actions demanding money or property. Fla. Sm. Cl. R. 7.010(b) (July 1, 2026 edition)
- Filing fee
- Set by statute by claim amount: $50 (under $100), $75 ($100 to $500), $170 (over $500 to $2,500), $295 (over $2,500). Postal charges for clerk mail service are paid by the party requesting it. Fla. Stat. § 34.041(1)(a) (2025)
- Are lawyers allowed?
- Yes. Parties may appear personally or through an attorney. A party represented by an attorney is subject to discovery, and a non-attorney may not represent a business on appeal. Fla. Sm. Cl. R. 7.020(b), 7.090(a), 7.230(b)
- Appeals
- Appeals follow the Florida Rules of Appellate Procedure. A business must be represented by an attorney on appeal. Fla. Sm. Cl. R. 7.230
Court: County Court (small claims). Last verified: 2026-10-24.
How to file a small claims case in Florida
- Confirm the claim is for money or property worth $8,000 or less (not counting costs, interest and attorney fees).
- Prepare a statement of claim (attach any written contract or lease) and file it with the county court clerk in a proper venue, paying the statutory fee.
- Have the defendant served with the summons/notice to appear and statement of claim, as allowed by law or, for Florida residents, by certified mail through the clerk, within 120 days of filing.
- Attend the pretrial conference (set within 50 days of filing), where settlement and mediation may take place; the defendant must file any related counterclaim at least 5 days before it.
- If the case does not settle, attend the trial, which is set within 60 days after the pretrial conference.
- If you win and are not paid, ask for execution, a Fact Information Sheet from the debtor, or a hearing in aid of execution.
Can you use small claims court?
| Small claims limit | $8,000, exclusive of costs, interest and attorneys' fees, for civil actions demanding money or property. |
|---|---|
| Who can file | Individuals and business entities may file. A business may be represented in the trial court by a principal (officer, member, managing member or partner) or an employee authorized in writing. If the plaintiff is in the business of collecting purchased or assigned claims, the court may require it to hire a lawyer. Source: Fla. Sm. Cl. R. 7.050(a)(2) |
| Are lawyers allowed? | Yes. Parties may appear personally or through an attorney. A party represented by an attorney is subject to discovery, and a non-attorney may not represent a business on appeal. |
Filing your case
| Where to file | Proper venue includes where the contract was entered into; for an unsecured promissory note, where it was signed or the maker lives; where property to be recovered is located; where the event occurred; where any defendant lives; any location agreed to in a contract; or, for money due with no venue agreement, where payment was to be made. A defendant sued elsewhere may ask for a transfer. Source: Fla. Sm. Cl. R. 7.060(a) |
|---|---|
| Filing fee | Set by statute by claim amount: $50 (under $100), $75 ($100 to $500), $170 (over $500 to $2,500), $295 (over $2,500). Postal charges for clerk mail service are paid by the party requesting it. Clerks may add separate service and other charges; check with the county clerk. Source: Fla. Stat. § 34.041(1)(a) (2025) |
| Filing online | Parties with attorneys must e-file. Self-represented parties may e-file where the Florida Rules of General Practice and Judicial Administration permit. |
| Serving the defendant | Service is made as provided by law or by the Florida Rules of Civil Procedure. Florida residents may also be served by certified mail, return receipt signed by the defendant or someone authorized to receive mail at the home or business, sent by the clerk or an attorney; the mailing cost is in addition to the filing fee. Service must be made within 120 days of filing. Source: Fla. Sm. Cl. R. 7.070 |
Before and at the hearing
| When the hearing happens | The summons/notice to appear sets a first appearance for a pretrial conference, which the clerk schedules within 50 days of filing. Trial is set within 60 days after the pretrial conference, with at least 10 days' notice. Source: Fla. Sm. Cl. R. 7.090(b), (d) |
|---|---|
| Does the defendant file an answer? | Not usually. Written pretrial motions and defensive pleadings are not required unless the court orders them, but both parties must appear (in person, by counsel or by approved communication technology) at the pretrial conference. Source: Fla. Sm. Cl. R. 7.090(a), (c) |
| Counterclaims | A counterclaim arising from the same transaction must be filed in writing at least 5 days before the pretrial conference (or as the court directs) or it is abandoned; unrelated counterclaims may also be filed by then. If a counterclaim exceeds the small claims limit, the case is transferred to the court with jurisdiction, and the counterclaimant must deposit the filing fee for that court or waive the transfer. Source: Fla. Sm. Cl. R. 7.100 |
| Mediation | Mediation may take place at the pretrial conference. Whoever appears for a party (the party, an attorney, or a non-lawyer with signed written authority) must have full authority to settle, and failing to comply can result in costs and fees. Any agreement is written as a stipulation that may be entered as a court order. Source: Fla. Sm. Cl. R. 7.090(f), (g) |
| Jury trial | Yes, on written demand: by the plaintiff when filing, or by the defendant within 10 days after service of the summons/notice to appear or at the pretrial conference. Otherwise a jury is waived. Source: Fla. Sm. Cl. R. 7.150(a) |
After the decision
| Appeals | Appeals follow the Florida Rules of Appellate Procedure. A business must be represented by an attorney on appeal. Source: Fla. Sm. Cl. R. 7.230 |
|---|---|
| Collecting your judgment | Executions issue on oral request once the time for a new-trial motion has passed. The judge may stay judgment or execution in exchange for installment payments, with execution on default. At the creditor's request the court orders the debtor to complete a Fact Information Sheet (form 7.343) within 45 days, and an unrepresented individual creditor may ask for a hearing in aid of execution 45 or more days after judgment. Garnishment and other proceedings supplementary are available by law. |
Deadline to sue
5 years for an action on a written contract (including a written lease); 4 years for a contract not founded on a written instrument (oral lease). Fla. Stat. § 95.11(2)(b), (3)(j)
Official forms and help
Suing a landlord or tenant in Florida
Small claims is commonly used for security deposit disputes, unpaid rent and damage claims up to $8,000. Removal-of-tenant (eviction) actions have their own statutory filing fee ($180) and procedure separate from small claims.
- Florida security deposit demand letter (send before you sue)
- Florida security deposit law
- Tenant lawyers and free legal aid in Florida
Florida small claims FAQ
What is the small claims limit in Florida?
$8,000, exclusive of costs, interest and attorneys' fees, for civil actions demanding money or property.
Who can file a small claims case in Florida?
Individuals and business entities may file. A business may be represented in the trial court by a principal (officer, member, managing member or partner) or an employee authorized in writing. If the plaintiff is in the business of collecting purchased or assigned claims, the court may require it to hire a lawyer.
Can you bring a lawyer to small claims court in Florida?
Yes. Parties may appear personally or through an attorney. A party represented by an attorney is subject to discovery, and a non-attorney may not represent a business on appeal.
Where do I file a small claims case in Florida?
Proper venue includes where the contract was entered into; for an unsecured promissory note, where it was signed or the maker lives; where property to be recovered is located; where the event occurred; where any defendant lives; any location agreed to in a contract; or, for money due with no venue agreement, where payment was to be made. A defendant sued elsewhere may ask for a transfer.
How much does it cost to file in small claims court in Florida?
Set by statute by claim amount: $50 (under $100), $75 ($100 to $500), $170 (over $500 to $2,500), $295 (over $2,500). Postal charges for clerk mail service are paid by the party requesting it.
How do I serve the other side in a Florida small claims case?
Service is made as provided by law or by the Florida Rules of Civil Procedure. Florida residents may also be served by certified mail, return receipt signed by the defendant or someone authorized to receive mail at the home or business, sent by the clerk or an attorney; the mailing cost is in addition to the filing fee. Service must be made within 120 days of filing.
How long does a small claims case take in Florida?
The summons/notice to appear sets a first appearance for a pretrial conference, which the clerk schedules within 50 days of filing. Trial is set within 60 days after the pretrial conference, with at least 10 days' notice.
Does a defendant have to file an answer in Florida small claims court?
Not usually. Written pretrial motions and defensive pleadings are not required unless the court orders them, but both parties must appear (in person, by counsel or by approved communication technology) at the pretrial conference.
Can the defendant file a counterclaim in Florida small claims court?
A counterclaim arising from the same transaction must be filed in writing at least 5 days before the pretrial conference (or as the court directs) or it is abandoned; unrelated counterclaims may also be filed by then. If a counterclaim exceeds the small claims limit, the case is transferred to the court with jurisdiction, and the counterclaimant must deposit the filing fee for that court or waive the transfer.
Is there a jury in Florida small claims court?
Yes, on written demand: by the plaintiff when filing, or by the defendant within 10 days after service of the summons/notice to appear or at the pretrial conference. Otherwise a jury is waived.
Can you appeal a small claims decision in Florida?
Appeals follow the Florida Rules of Appellate Procedure. A business must be represented by an attorney on appeal.
How do I collect a small claims judgment in Florida?
Executions issue on oral request once the time for a new-trial motion has passed. The judge may stay judgment or execution in exchange for installment payments, with execution on default. At the creditor's request the court orders the debtor to complete a Fact Information Sheet (form 7.343) within 45 days, and an unrepresented individual creditor may ask for a hearing in aid of execution 45 or more days after judgment. Garnishment and other proceedings supplementary are available by law.
Is mediation required in Florida small claims court?
Mediation may take place at the pretrial conference. Whoever appears for a party (the party, an attorney, or a non-lawyer with signed written authority) must have full authority to settle, and failing to comply can result in costs and fees. Any agreement is written as a stipulation that may be entered as a court order.
Can I file a small claims case online in Florida?
Parties with attorneys must e-file. Self-represented parties may e-file where the Florida Rules of General Practice and Judicial Administration permit.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.