Florida County Court Small Claims: A Complete Guide
Understanding Small Claims Court in Florida
Small claims court represents an accessible avenue for resolving modest financial disputes without the complexity and expense of traditional civil litigation. In Florida, this informal judicial forum is specifically designed to handle cases where the monetary amount in controversy does not exceed $8,000, excluding costs, interest, and attorney fees. The system operates on principles of simplicity and efficiency, earning its reputation as the “people’s court” because it does not require legal representation to participate. This accessibility has made small claims court an invaluable resource for individuals and small business owners seeking to recover debts or resolve contractual disagreements through the judicial system.
Jurisdictional Requirements and Case Eligibility
Before filing a small claims action, you must ensure that the court has proper jurisdiction over your case and the defendant. The action must either arise within the county where you are filing, or the defendant must reside in that specific county for the court to have authority to hear the matter. This territorial requirement prevents forum shopping and ensures that defendants are not inconvenienced by having to defend themselves far from their home county.
The monetary threshold is a critical eligibility factor. Claims must not exceed $8,000 in value, with this limit excluding any costs, interest charges, or attorney fees that may have been incurred. This cap ensures that the small claims division remains focused on disputes of modest economic significance. If your claim exceeds this amount, you would need to file in the regular civil court division instead, which involves more formal procedures and typically requires an attorney.
Who Can File Small Claims Actions
Florida’s small claims system welcomes a broad spectrum of claimants. Any individual who is at least 18 years old may file a small claims case. Additionally, persons operating a business as a sole proprietorship or other individual business structure are permitted to bring claims. Parents or legal guardians may file claims on behalf of minor children, allowing families to pursue recovery for losses affecting young dependents. This inclusive approach ensures that various parties can seek redress for legitimate grievances without being excluded based on their legal status.
Preparing Your Claim Documentation
Initiating a small claims action requires careful preparation of the necessary paperwork. The cornerstone document is the Statement of Claim form, which clearly articulates your reasons for suing and specifies the dollar amount being sought. This form must be signed, and there are specific requirements regarding where and how that signature is obtained. You have two options: sign the form in the presence of a Deputy Clerk at the Clerk’s Office, or have your signature notarized by a qualified notary public if you sign it elsewhere.
Gathering supporting documentation strengthens your case considerably. Any documents that support your claim should be collected and included with your filing. The Clerk’s Office requires one copy for the court file and one additional copy to be served on each defendant being sued. All documents must be legible and clearly organized to facilitate judicial review.
When suing a business entity, specific identification requirements apply. For corporations, you must name the officer representing the company. For sole proprietorships, include the owner’s name. If you are suing a corporation, you should access the Florida Secretary of State website (sunbiz.org) to obtain information necessary for proper service of the summons on the company’s registered agent.
Filing Procedures and Associated Costs
The actual filing process begins at the County Civil Department of the Clerk’s Office. You must provide all required documents along with appropriate filing fees and service fees, which are established by Florida Statute and subject to modification through legislative action. Filing fees vary by county but are standardized within each jurisdiction. Additionally, you must pay service fees to have the defendant properly notified of the lawsuit.
Each party to the claim must appear at the Clerk’s Office in person to sign the necessary paperwork before a Deputy Clerk, unless the documents carry notarized signatures. This personal appearance requirement ensures proper execution of documents and helps prevent fraud.
Many Florida county courts now offer interactive filing services to streamline the process. TurboCourt is an example of a do-it-yourself service that guides claimants through form preparation and submission, making the filing process more accessible to those unfamiliar with court procedures.
The Pretrial Conference: An Opportunity for Settlement
Once your claim is filed, the court schedules a pretrial conference—sometimes called a mediation hearing—where both parties meet before any trial occurs. This stage is crucial because it often leads to settlement, eliminating the need for a formal trial. The Clerk will call your case and may ask the defendant whether they admit or deny owing the debt.
Both parties must attend the pretrial conference unless the judge grants permission for telephone appearance. Failure to appear has serious consequences: if you as the plaintiff do not appear, your case will be dismissed, and you lose your opportunity to recover. Conversely, if the defendant fails to appear while you are present, the judge may enter a Default Judgment in your favor without requiring a trial.
Importantly, you should not bring witnesses to the pretrial conference—reserve them for trial if necessary. The pretrial stage focuses on whether the parties can reach agreement without judicial involvement. Many disputes are resolved at this stage, avoiding the time and stress of trial proceedings.
Trial Proceedings and Evidence Presentation
If settlement discussions fail at the pretrial conference, the court will schedule a trial date for a later time. This is when you should bring witnesses and any evidence supporting your claim. The trial in small claims court operates differently from traditional civil trials: the presiding judge serves as both judge and jury, making determinations of fact and law without a jury panel.
If you need witnesses to testify but they are unwilling to appear voluntarily, you can request that the Clerk’s Office issue a subpoena. This legal document compels the witness to attend and testify. The issuance of a subpoena carries a $7.00 service charge, and the Sheriff’s Office charges an additional $40.00 fee for serving the subpoena on the witness.
You are not required to have an attorney present you at trial, although attorneys are permitted to participate in small claims court if you choose to hire one. This allows you to represent yourself if you prefer, reducing legal costs, while still maintaining the option to seek professional representation if the case is complex.
Obtaining and Enforcing Judgments
If the judge decides the case in your favor, you will receive a Final Judgment. Depending on your county’s procedures, you may receive this judgment by mail, or you may need to obtain a Final Judgment form and submit it to the judge for signature. This judgment represents the court’s official determination that the defendant owes you the amount specified.
However, an important reality to understand: neither the court nor the Clerk of Court will collect the judgment on your behalf. The responsibility for collecting the money falls entirely upon you. You may want to consult with an attorney regarding strategies for judgment collection, which might include filing a lien against the defendant’s property or pursuing other enforcement mechanisms.
When a judgment is ultimately paid in full, you are required to provide the defendant with a Satisfaction of Judgment document, which acknowledges that the obligation has been fulfilled. This document must be signed before a notary public. The defendant can then record this Satisfaction of Judgment in the Recording Department of the Clerk’s Office to ensure that any liens placed against their property are formally removed from the public record.
Settlement and Case Dismissal
If you and the other party reach an agreement to settle your dispute after opening a small claims case, you must notify the Clerk’s Office in writing that a settlement has been reached and that you no longer wish to pursue the case. This prevents the unnecessary expenditure of judicial resources and allows both parties to move forward under agreed-upon terms.
Similarly, if a claim is improperly served on the defendant, if the defendant refused to accept registered mail, or if the defendant could not be located, you may request that the case be reset for another pretrial conference and attempt service again at your own expense. This mechanism ensures that defendants receive proper notice of claims against them while allowing claimants opportunity to effectuate proper service.
Procedural Overview and Timeline
The typical progression of a small claims case follows this sequence:
- Filing the claim and paying associated fees
- Serving the defendant with the summons and claim
- Attending the scheduled pretrial conference
- Attempting settlement or mediation
- If unsettled, proceeding to trial on the scheduled date
- Receiving judgment from the judge
- Pursuing collection if you prevail
Various circumstances unique to each case may delay, postpone, or even cancel portions of this standard process, so flexibility should be expected. Court schedules, service complications, or unanticipated circumstances may extend timelines beyond initial estimates.
Frequently Asked Questions
Q: Is an attorney required to file or participate in small claims court?
A: No, attorneys are not required. Small claims court is designed as a “people’s court” where individuals can represent themselves. However, you are permitted to hire an attorney if you wish professional representation throughout the process.
Q: What happens if the defendant does not appear at the pretrial conference?
A: If the defendant fails to appear while you are present, the judge may enter a Default Judgment in your favor without requiring a trial, allowing you to win the case without presenting evidence.
Q: Can I appeal a small claims judgment?
A: The search results provided do not contain specific information about appeal procedures in Florida small claims court. You should consult with the Clerk’s Office or an attorney for guidance on appeal rights and procedures.
Q: How is the monetary limit of $8,000 calculated?
A: The $8,000 limit includes only the actual damages claimed, excluding costs, interest charges, and attorney fees. This means your underlying claim cannot exceed $8,000, though you may recover additional costs and fees if you prevail.
Q: What should I bring to the trial?
A: You should bring all evidence supporting your claim, including documents, photographs, receipts, and any witnesses who can testify on your behalf. Do not bring witnesses to the pretrial conference, only to the actual trial.
Q: Can I represent a minor in small claims court?
A: Yes, a parent or legal guardian may file a small claims case on behalf of a minor child.
References
- Small Claims — Bradford County Clerk of the Circuit Court. Accessed January 18, 2026. https://bradfordclerk.com/small-claims/
- Small Claims — Gulf County Clerk of Courts. Accessed January 18, 2026. https://www.gulfclerk.com/courts/small-claims/
- Small Claims — Polk County Clerk, FL. Accessed January 18, 2026. https://www.polkcountyclerk.net/181/Small-Claims
- Small Claims — Miami-Dade Clerk of Courts. Accessed January 18, 2026. https://www.miamidadeclerk.gov/clerk/small-claims.page
- Small Claims — Duvalclerk.gov. Accessed January 18, 2026. https://www.duvalclerk.com/departments/civil-court-services/small-claims
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