How to File Small Claims in Florida: Complete 2026 Guide

To file small claims in Florida, go to your county court. Fill out a Statement of Claim form. Pay the filing fee. Have the defendant served. Then attend a pre-trial conference and mediation before your case goes to a judge. Most cases settle before trial.

Florida's small claims limit is $8,000. If you are owed more, you'll need a different court. But for most disputes, $8,000 is enough.

Here's the full process, step by step.

Florida Small Claims Basics

Small claims court in Florida is handled by the County Court. Not the Circuit Court. That matters. File in the wrong court and you'll lose time.

The rules come from the Florida Rules of Small Claims Procedure. On January 1, 2026, those rules were updated. The core steps stayed the same. But e-filing and service rules got clearer.

Key facts:

What Cases Qualify for Florida Small Claims?

Florida small claims court is for money disputes only. You can sue for:

You cannot use small claims for divorce, custody, or criminal charges. It's for money only.

Before you file, try to settle the dispute first. Send a demand letter. You'd be surprised how often people pay up once they see you're serious. You can send a demand letter through PettyLawsuit right now. 70% of cases settle without going to court.

Step-by-Step: How to File Small Claims in Florida

Step 1: Pick the Right County

You must file in the right county. File in the county where:

File in the wrong county and your case can be dismissed. Get this right first.

Step 2: Get the Statement of Claim Form

The form you need is the Statement of Claim. You can get it at the County Clerk's office. You can also get it online at myflcourtaccess.com.

Fill it out all the way. Include your name and address. Include the defendant's name and address. State how much you want and why. If you have a written contract, attach a copy.

Don't leave anything blank. A missing field can get your case rejected.

Step 3: Know Who You Are Suing

This step trips people up more than any other.

Suing a person: You need their full legal name and a good address.

Suing a business: You need the exact name on file with the state. You also need the name and address of the registered agent. Look this up for free at sunbiz.org. That's the Florida Division of Corporations database.

Suing a business with a trade name: Some businesses use a name that isn't their legal name. You cannot sue the trade name. You must find out who owns it and sue them. Check sunbiz.org.

If you sue the wrong name, your judgment may be worth nothing.

Step 4: Pay the Filing Fee

Florida sets the same filing fees for all county courts. Here's what you'll pay:

You'll also pay a service fee so the sheriff can serve the defendant. That's usually $40 to $65 per person.

Fees are not refundable. But if you win, the judge can make the defendant pay your court costs back.

Step 5: File Your Claim

You have two ways to file.

In person: Bring your form to the County Clerk's office. Pay the fee. They'll give you a case number and a court date.

Online: Use myflcourtaccess.com. It's open 24/7. After the 2026 rule updates, most counties prefer this method.

Your first court date will be a pre-trial conference. That is not a trial. It's a first meeting with the judge.

Step 6: Serve the Defendant

Your case cannot move until the defendant is served. They must get a summons, a copy of your claim, and the court date.

The Sheriff's office usually handles this. You pay the fee and give the clerk the defendant's address. The sheriff delivers it.

A few things to keep in mind:

Your case won't move until the defendant is served. Talk to the clerk if you have trouble.

Step 7: Attend the Pre-Trial Conference

You must show up to this. If you don't, your case can be dismissed. If the defendant doesn't show, the judge may rule in your favor.

The pre-trial is informal. A judge looks at the case to see if there's a real dispute. Don't bring witnesses here. Just bring your documents.

Three things can happen at this stage:

  1. You and the defendant settle
  2. The case is sent to mediation
  3. A trial date is set

Most contested cases go to mediation before trial. That's the next step.

Step 8: Mandatory Mediation

Florida requires mediation in small claims cases. You must do this before trial. It is not optional.

Mediation is a meeting with a neutral person called a mediator. They help both sides find a deal. They can't force you to settle. But it works. A lot of cases end here.

Mediation is less formal than a trial. You speak plainly. You present your side. If you reach a deal, the mediator writes it up. The judge approves it. It then has the force of a court order.

If mediation fails, you go to trial.

Step 9: The Trial

If you couldn't settle, you'll get a trial date. Both sides present their case to a judge. There is no jury in small claims court.

What to bring:

The judge hears both sides and makes a ruling. Sometimes that happens the same day. Sometimes it comes by mail.

If you win, you receive a Final Judgment. That's proof the defendant owes you money. Now you have to collect it.

Filing Fees by Major County in Florida

The fees in the table above apply everywhere in Florida. Some counties add small admin fees for e-filing. Here's what to expect in big counties:

Call your county clerk to confirm fees before you go. Fees can change by law each year.

Florida Small Claims Rule Changes: January 1, 2026

Florida updated its small claims rules on January 1, 2026. Here's what's new:

The $8,000 limit did not change. The basic steps did not change. But if you've used this court before 2026, check the new rules.

How to Collect Your Judgment in Florida

Winning is the easy part. Collecting can be harder.

A Final Judgment gives you the right to collect. But the court doesn't do it for you. Here are your main options:

Wage Garnishment

You can take money from the defendant's paycheck. Florida allows this. But there's a big catch.

If the defendant is the head of household, their wages are protected. Florida's head of household rule is strong. It shields a lot of people.

If they're not the head of household, or they gave up that protection in writing, you can file for a writ of garnishment. Their employer holds wages until your judgment is paid.

Bank Account Levy

You can also go after a bank account. If you know where the defendant banks, get a writ of garnishment. The bank must hold funds up to your judgment amount. The head of household rule doesn't protect bank accounts the same way it protects wages.

Property Liens

You can file your judgment in the public records of any Florida county where the defendant owns property. This creates a lien on their real estate.

Here's the big catch: Florida's homestead law is one of the strongest in the country.

Under the Florida Constitution (Article X, Section 4), a person's main home is fully protected from judgment liens. You cannot force the sale of their house. Even if they have $500,000 in equity, you can't touch it. The homestead protection is not just a tax break. It's in the state constitution.

Liens work on investment properties and second homes. Not on the primary home.

Personal Property

You can go after personal property. But Florida gives debtors an exemption of up to $4,000 in personal property if they don't claim a homestead. They also get up to $5,000 in equity in a car.

Going after personal property is hard. It's often not worth it for smaller claims.

The Honest Truth About Collection

Bank accounts and wages are your best bets. Liens on non-homestead property also work well.

But if the defendant lives in their own Florida home, has no job, and has no bank account, collection can be very hard. Florida protects debtors more than most states do.

That's why a demand letter before filing makes so much sense. Most people pay when they see you're serious. Check out our guides on how to file small claims in California and how to file small claims in Texas to see how other states compare.

Tips for Winning Your Florida Small Claims Case

Document everything before you file. Texts, emails, photos, contracts, receipts. Print them out. Organize them. The more proof you have, the stronger your case.

Know your numbers. How much do you want and why? Be specific. "They owe me $2,400 for a repair they never finished" beats "I want to be paid for bad work."

Be ready for mediation. Most cases settle there. Know the lowest number you'll accept. If the other side offers something fair, consider taking it. It saves time and stress.

Show up on time and stay calm. Judges see heated disputes every day. The person who stays calm usually does better.

Send a demand letter first. A formal letter before you file shows you're serious. Many people pay before the case ever reaches the courthouse. See small claims limits by state if your claim is near the line.

Common Mistakes to Avoid

Filing in the wrong county. File where the defendant lives, where it happened, or where the property is. Not where it's most convenient for you.

Wrong defendant name. Sue the legal entity, not the brand. Look up businesses on sunbiz.org first.

Missing the pre-trial conference. It is required. If you skip it, your case gets dismissed. Mark the date right away when you file.

Not bringing proof. A case with no evidence is hard to win. Bring copies of everything.

Suing for more than $8,000. You can't ask for $12,000 in small claims. The court won't allow it. Cap your claim or file elsewhere.

Assuming the court collects for you. Getting a judgment is step one. Collecting it is step two. Plan for both from the start.

Florida vs. Other States

Florida's $8,000 limit is in the middle. California goes up to $12,500. Texas goes up to $20,000.

Florida's required mediation step is less common in other states. It adds a step but helps cases settle faster.

Florida's homestead law makes judgment collection harder than in most states. If the defendant owns a home and lives in it, you can't use that asset to collect.

Florida's e-filing system is solid. The 2026 rule updates made online filing the standard across counties.

Frequently Asked Questions

What is the small claims limit in Florida?

The limit is $8,000. That does not count court costs, interest, or attorney fees. If your claim is over $8,000, you need a different court.

How much does it cost to file small claims in Florida?

Filing fees range from $55 for claims under $100 to $300 for claims between $2,501 and $8,000. You also pay $40 to $65 per defendant for the sheriff to serve them.

Do I need a lawyer for small claims in Florida?

No. Small claims court is built for regular people. You can represent yourself. Most people do, since a lawyer can cost more than the claim is worth.

What form do I need to file small claims in Florida?

You need the Statement of Claim form. Get it at the County Clerk's office or at myflcourtaccess.com. Fill it out all the way and attach any written contracts.

Is mediation required in Florida small claims court?

Yes. Florida requires mediation before trial. The mediator is neutral and can't force a settlement. But many cases resolve here without going to trial.

How long does small claims court take in Florida?

Filing to pre-trial takes about 30 to 60 days. Most cases are done within 60 to 90 days of filing.

Can I collect my judgment against someone's Florida home?

Not if it's their main home. Florida's homestead law is in the state constitution. It fully protects a primary home from judgment liens and forced sale. Second homes and investment properties are not protected.

Can I file small claims online in Florida?

Yes. Go to myflcourtaccess.com. It's open all day, every day. Most counties now prefer online filing.

What if the defendant doesn't show up to court?

If they were properly served and don't appear, the judge can enter a default judgment for you. You still need to show proof of your claim.

What is the statute of limitations for small claims in Florida?

Written contracts: 5 years. Oral contracts: 4 years. Property damage: 4 years. Don't wait too long or you lose the right to sue.

The Bottom Line

Filing small claims in Florida isn't hard. Fill out a form, pay a fee, serve the defendant, go to mediation, and if needed, go to trial. Regular people do this without a lawyer every day.

But most cases settle before trial. A lot settle before you even file. A formal demand letter shows you're serious. That alone gets most people to pay up.

Don't shrug it off. Don't vent online. Take action.

PettyLawsuit sends your demand letter right away, handles all follow-up, and helps you file in court if it comes to that. 70% of cases settle without ever stepping inside a courtroom.

Don't let it slide.