How to File a Small Claims Lawsuit in Florida (2026)
Reviewed by DocDraft Legal Team · Florida · Last updated April 30, 2026
Florida small claims (County Court) handles money disputes up to $8,000 under the Florida Small Claims Rules. Filing fees range from $55 to $300 by claim size. Every case requires a pretrial conference. The statute of limitations is 5 years for written contracts.
What is small claims court in Florida?
The Florida Small Claims Rules govern small claims procedure in Florida, setting an $8,000 limit, $55 to $300 filing fees, and a 5-year statute of limitations on written contracts. Cases are filed at County Court Small Claims Division per Fla. Stat. §34.01.
How much does it cost to file a small claims lawsuit in Florida?
Florida filing fees are tiered by claim amount: $55 for claims of $100 or less, $80 for claims up to $500, $175 for claims up to $2,500, and $300 for claims up to the $8,000 cap. Sheriff service typically adds $40 to $50. Fee waivers are available for indigent filers.
Do I need a lawyer for small claims court in Florida?
No. Florida small claims court is designed for self-represented parties under the Florida Small Claims Rules. Attorneys are permitted but not required, and most cases under the $8,000 limit are filed without one. The court will hold a mandatory pretrial conference where the judge explains procedure to unrepresented parties.
How long do I have to sue someone in Florida small claims court?
Florida's statute of limitations varies by claim type: 5 years for written contracts (Fla. Stat. §95.11(2)(b)), 4 years for oral contracts (§95.11(3)(k)), 4 years for property damage (§95.11(3)(h)), and 2 years for personal injury after HB 837 (§95.11(3)(a), effective March 24, 2023, cut from 4 years).
Florida small claims at a glance
Florida's HB 837 (effective March 24, 2023) cut the personal-injury statute of limitations from 4 years to 2 years, the most consequential SOL change in Florida small-claims-relevant law in a decade. Two years earlier, in 2020, the Florida Supreme Court raised the County Court small claims limit from $5,000 to $8,000, the first increase in over fifteen years. Florida is also one of the few states where every small claims case requires a mandatory pretrial conference before trial, typically scheduled about 30 days after filing under the Florida Small Claims Rules. Several judicial circuits, including the 11th Circuit in Miami-Dade, additionally require mediation before the case can proceed to a contested hearing.
Filing cost example: $8,000 unpaid invoice
Suppose a contractor owes you $8,000 on a written services agreement. The Florida statute of limitations on written contracts is 5 years (Fla. Stat. §95.11(2)(b)), so you must file within 5 years of the breach. Filing fee at the County Court Small Claims Division is $300 (the top tier, covering claims of $2,500.01 through $8,000). Sheriff service under Fla. Sm. Cl. R. 7.070 adds about $40. After winning, post-judgment interest accrues at the rate set quarterly by the Florida CFO under Fla. Stat. §55.03, approximately 9% per year as of Q2 2026. If the defendant pays within 30 days, you collect the full $8,000 plus filing and service costs. If the judgment goes unpaid for 1 year, you are owed approximately $8,720.
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Relevant Documents
Billing Dispute Letter
A formal letter to the company or service provider detailing the nature of the billing dispute, including specific charges being contested, reasons for the dispute, and requested resolution. This document establishes a paper trail of your dispute attempt.
Promissory Note
This document is your written promise to repay the loan according to specific terms. It's often simpler than the full loan agreement but creates a legally binding obligation to repay the borrowed funds.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Local Courthouses
Miami-Dade County Court (Small Claims Division)
73 W Flagler St, Miami, FL 33130
Broward County Court (Fort Lauderdale)
201 SE 6th St, Fort Lauderdale, FL 33301
Orange County Court (Orlando)
425 N Orange Ave, Orlando, FL 32801
Hillsborough County Court (Tampa)
800 E Twiggs St, Tampa, FL 33602
Duval County Court (Jacksonville)
501 W Adams St, Jacksonville, FL 32202
Relevant Laws
Florida Small Claims Rules (Fla. Sm. Cl. R.)
The procedural rules governing every Florida small claims case, including the mandatory pretrial conference (Rule 7.090), service of process (Rule 7.070), and trial procedure. Adopted and amended by the Florida Supreme Court.
Fla. Stat. §34.01 (County Court Jurisdiction)
Statutory grant of small claims jurisdiction to County Courts, including the $8,000 limit raised from $5,000 in 2020.
Fla. Stat. §95.11 (Statute of Limitations)
Sets the 5-year SOL for written contracts (§95.11(2)(b)), 4-year SOL for oral contracts and property damage, and 2-year SOL for personal injury (§95.11(3)(a), reduced from 4 years by HB 837 effective March 24, 2023).
Fla. Stat. §55.03 (Post-Judgment Interest)
Authorizes the Florida CFO to set the post-judgment interest rate quarterly. The rate is approximately 9% as of Q2 2026; verify the current quarter's rate before drafting.
Florida Courts: Trial Courts (County)
Official Florida Courts portal for finding your local County Court, accessing forms, and reviewing the Florida Clerk fee schedule.
Florida Courts: Court Forms
Statewide forms portal including the Statement of Claim and the Application for Determination of Civil Indigent Status (fee waiver).
Regional Variances
Statute of Limitations for Common Claims in Florida
Written contract
5 years (Fla. Stat. §95.11(2)(b))
Oral contract
4 years (Fla. Stat. §95.11(3)(k))
Property damage
4 years (Fla. Stat. §95.11(3)(h))
Personal injury
2 years (Fla. Stat. §95.11(3)(a)); reduced from 4 years by HB 837 effective March 24, 2023
Debt collection (written)
5 years (Fla. Stat. §95.11(2)(b))
Debt collection (open account)
4 years (Fla. Stat. §95.11(3)(k))
Suggested Compliance Checklist
Send demand letter (recommended)
30 days before filing days after startingSend a formal written demand to the defendant via certified mail with return receipt. Florida does not require a demand letter, but it strengthens your case at the pretrial conference and may resolve the dispute without filing.
Verify claim is within $8,000 limit
Before filing days after startingFlorida small claims cap is $8,000, raised from $5,000 in 2020. Confirm the written-contract SOL of 5 years (Fla. Stat. §95.11(2)(b)) has not run, or the applicable SOL for your claim type.
Gather evidence
Before filing days after startingCollect contracts, invoices, receipts, photos, communications, and witness contacts. Make 3 copies of every document for the judge, defendant, and yourself.
File Statement of Claim at County Court Small Claims Division
Within applicable SOL days after startingFile the Statement of Claim with the Clerk of the County Court where the defendant resides or where the cause of action arose. Pay the tiered filing fee ($55 to $300) per the Florida Clerk schedule.
Serve defendant per Fla. Sm. Cl. R. 7.070
Before pretrial conference days after startingUse the county sheriff (about $40) or certified mail with return receipt. File proof of service with the clerk before the pretrial conference. Improper service is the most common reason cases are reset.
Attend the mandatory pretrial conference
About 30 days after filing days after startingFlorida requires a pretrial conference in every small claims case. Bring all evidence and witnesses. The judge will explain procedure, encourage settlement, and set a trial date or order mediation (e.g., in the 11th Circuit, Miami-Dade).
Attend trial and pursue judgment collection
30+ days after pretrial days after startingIf the case proceeds to trial and you win, wait 30 days for voluntary payment, then pursue collection under Fla. Stat. Ch. 56 (writ of execution, garnishment, lien). Post-judgment interest accrues at the rate set quarterly under Fla. Stat. §55.03 (about 9% in Q2 2026).
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Send demand letter (recommended) | Send a formal written demand to the defendant via certified mail with return receipt. Florida does not require a demand letter, but it strengthens your case at the pretrial conference and may resolve the dispute without filing. | demand-letter | 30 days before filing |
| Verify claim is within $8,000 limit | Florida small claims cap is $8,000, raised from $5,000 in 2020. Confirm the written-contract SOL of 5 years (Fla. Stat. §95.11(2)(b)) has not run, or the applicable SOL for your claim type. | - | Before filing |
| Gather evidence | Collect contracts, invoices, receipts, photos, communications, and witness contacts. Make 3 copies of every document for the judge, defendant, and yourself. | - | Before filing |
| File Statement of Claim at County Court Small Claims Division | File the Statement of Claim with the Clerk of the County Court where the defendant resides or where the cause of action arose. Pay the tiered filing fee ($55 to $300) per the Florida Clerk schedule. | - | Within applicable SOL |
| Serve defendant per Fla. Sm. Cl. R. 7.070 | Use the county sheriff (about $40) or certified mail with return receipt. File proof of service with the clerk before the pretrial conference. Improper service is the most common reason cases are reset. | - | Before pretrial conference |
| Attend the mandatory pretrial conference | Florida requires a pretrial conference in every small claims case. Bring all evidence and witnesses. The judge will explain procedure, encourage settlement, and set a trial date or order mediation (e.g., in the 11th Circuit, Miami-Dade). | - | About 30 days after filing |
| Attend trial and pursue judgment collection | If the case proceeds to trial and you win, wait 30 days for voluntary payment, then pursue collection under Fla. Stat. Ch. 56 (writ of execution, garnishment, lien). Post-judgment interest accrues at the rate set quarterly under Fla. Stat. §55.03 (about 9% in Q2 2026). | - | 30+ days after pretrial |
Frequently Asked Questions
Florida's small claims limit is $8,000, raised from $5,000 in 2020 by Florida Supreme Court order, the first increase in over 15 years. Claims exceeding $8,000 must be filed in County Court (general civil) or Circuit Court depending on the amount. The cap applies to the principal amount sought, exclusive of interest and costs.
Filing fees are tiered by claim amount under the Florida Clerk fee schedule: $55 (claims up to $100), $80 (up to $500), $175 (up to $2,500), and $300 (up to $8,000). Sheriff service typically adds $40. Indigent filers can request a fee waiver via the Application for Determination of Civil Indigent Status.
No. The Florida Small Claims Rules are designed for self-represented parties. Attorneys are permitted but not required, and most $8,000-and-under cases proceed without one. The mandatory pretrial conference gives the judge a chance to walk unrepresented parties through procedure before trial.
Florida's statute of limitations runs 5 years for written contracts (Fla. Stat. §95.11(2)(b)), 4 years for oral contracts (§95.11(3)(k)), 4 years for property damage (§95.11(3)(h)), and 2 years for personal injury (§95.11(3)(a), reduced from 4 years by HB 837 effective March 24, 2023).
Florida requires a mandatory pretrial conference in every small claims case under the Florida Small Claims Rules, typically scheduled about 30 days after filing. The judge confirms service, explains procedure, encourages settlement, and sets a trial date if the parties do not resolve the dispute. Both sides must appear; failure to appear can result in default.
Mediation is not statewide-mandatory, but several judicial circuits require it before trial. The 11th Circuit (Miami-Dade) routinely orders mediation at or after the pretrial conference. Mediation is informal, confidential, and often resolves cases without trial. If mediation fails, the case proceeds to a bench trial under the Florida Small Claims Rules.
Yes. Either party can appeal a Florida small claims judgment to the Circuit Court within 30 days of entry under Fla. R. App. P. 9.030. Unlike a new trial, the appeal is on the record from the County Court, not de novo. Filing fees and a written notice of appeal are required, and most appellants engage counsel for the appeal.
After 30 days, you can pursue collection under Fla. Stat. Ch. 56: writ of execution against personal property, wage garnishment, bank levy, or recording the judgment as a lien against real property. Post-judgment interest accrues at the rate set quarterly by the Florida CFO under Fla. Stat. §55.03 (about 9% in Q2 2026).