Florida Small Claims Court (2026): Limit, Fees & How to File

This guide walks you through Florida small claims court, from the filing fee to collecting a judgment. It also covers what to do if you are the one being sued and how service changed in July 2026. Small claims cases in Florida are filed in county court and run under the Florida Small Claims Rules. Rule 7.010(a) says the rules must be construed to implement the simple, speedy, and inexpensive trial of actions at law in county courts.

We checked the rules, statutes and fee pages cited here against the Florida Bar’s July 1, 2026 compilation of the Small Claims Rules, the Florida Statutes and the clerks’ pages in November 2026.

The Florida Small Claims Court Limit: $8,000

Start with the amount you are asking for, because it decides whether your case belongs in this court. Rule 7.010(b) sets the reach of the Florida Small Claims Rules. They cover civil actions in county courts with a demand for money or property whose value does not exceed $8,000, exclusive of costs, interest, and attorneys’ fees. Where the rule’s time periods and those in section 51.011, Florida Statutes, differ, the statute governs.

Costs, interest and attorney fees sit outside the cap, so only the demand itself has to come in at $8,000 or less. County courts do hear larger actions at law, up to $50,000 for cases filed on or after January 1, 2023, exclusive of interest, costs and attorney fees (Fla. Stat. §34.01(1)(c)).

The clerk has a duty to help. Under Rule 7.050(c), the clerk shall assist in preparing a statement of claim and other papers at the request of any litigant. The clerk is not required to prepare papers on constructive service or substituted service (Rule 7.070(a): either may be effected as provided by law), proceedings supplementary to execution (Rule 7.220: they follow the procedures provided by law or the Florida Rules of Civil Procedure), or discovery procedures. If your case needs one of these, ask the clerk what the court expects.

If a counterclaim or setoff (a claim by the defendant against the plaintiff, Rule 7.100(a)) exceeds the small claims court’s jurisdiction, the action is transferred to the court having jurisdiction, and the counterclaimant must deposit enough to pay that court’s filing fee. Failing to deposit it waives the right to transfer (Rule 7.100(d)).

Florida Small Claims Court Filing Fees and Service Costs

Your filing fee depends on the amount you demand. Florida Statutes §34.041(1)(a) sets the county-court filing fee “not to exceed” $50 for claims under $100, $75 for claims of $100 up to $500, $170 for more than $500 up to $2,500, and $295 for more than $2,500 up to $15,000. An additional filing fee of $4 is paid to the clerk (§34.041(1)(b)). The Miami-Dade Clerk lists these amounts for small claims:

Clerks’ totals can include other clerk charges; ask your clerk for the exact amount. The Pasco County Clerk’s small claims page lists the same four amounts, and so does the Monroe County Clerk’s fee schedule. Section 34.041(1)(d) provides a $10 service charge for issuing a summons.

Service is a separate cost. Under Rule 7.070(a), service on Florida residents can also be made by certified mail, with a return receipt signed by the defendant or someone authorized to receive mail at the residence or principal place of business. Either the clerk or an attorney of record may mail it, and the cost is in addition to the filing fee. Postal charges for mail service are paid by the party at whose instance service is made (§34.041(1)(b)).

If you cannot afford the fees, a person seeking relief from payment of filing fees based on inability to pay must apply to the clerk for a determination of civil indigent status (Fla. Stat. §57.082(1)).

Where to File

You file with the clerk in the right county. The summons must tell the defendant, in bold type, about the right of venue, and Rule 7.060(a) lists these proper places for suit:

• where the contract was entered into;
• on an unsecured promissory note, where the note is signed or where the maker resides;
• in a suit to recover property or foreclose a lien, where the property is located;
• where the event giving rise to the suit occurred;
• where any one or more of the defendants sued reside;
• any location agreed to in a contract; and
• in an action for money due with no agreement on where to sue, where payment is to be made.

A defendant who believes the plaintiff sued in the wrong place must appear on the court date and orally request a transfer, or file a written request for transfer in affidavit form, sworn to under oath, 7 days before the first court date and send a copy to the plaintiff or the plaintiff’s attorney.

Who Can Appear in Florida Small Claims Court

You can represent yourself. Under Rule 7.050(a)(2), a party who has no attorney signs the statement of claim and states an address and telephone number, and may add an email address. A statement of claim is not subject to dismissal for leaving out a telephone number (Rule 7.050(b)).

A business entity recognized under Florida law may be represented at any stage of the trial court proceedings by any principal who has legal authority to bind it, or by any employee authorized in writing by a principal. Form 7.350 is the approved authorization a principal signs for an employee, including for mediation. The rule defines a principal as an officer, member, managing member, or partner. A non-attorney may not represent a business entity in appellate proceedings (Rules 7.050(a)(2) and 7.230(b)).

If the court in its discretion determines a plaintiff is in the business of collecting claims it holds by purchase, assignment, or management arrangement, it may require that business to provide counsel.

How to File in Florida Small Claims Court, Step by Step

1. Ask for payment in writing. Send a demand letter and keep proof of delivery.
2. Check the deadline. Florida allows five years for an action on a contract, obligation or liability founded on a written instrument (Fla. Stat. §95.11(2)(b), which carves out payment-bond claims and deficiency judgments) and four years on one not founded on a written instrument (§95.11(3)(j)). See our statute of limitations on debt by state table.
3. Write the statement of claim. Say what the claim is based on and how much you want, in concise form. If a written document is the basis, attach a copy or its material part (Rule 7.050(a)(1)).
4. File and pay. File the claim with the county clerk and pay the fee. The court furnishes all parties a notice of the day and hour set for the pretrial conference (Rule 7.050(d)).
5. Serve the defendant within 120 days. A copy of the statement of claim is served with the summons/notice to appear (Rule 7.060(b)).
6. Attend the pretrial conference. You and the defendant must both appear, personally or by counsel (Rule 7.090(a)).
7. Try the case if it does not settle. The court sets trial not more than 60 days after the pretrial conference, with at least 10 days’ notice (Rule 7.090(d)).

Court forms. Rule 7.300 lists approved forms, offered for illustration only. They include sample statements of claim for goods sold (Form 7.331), work done and materials furnished (7.332), money lent (7.333), a promissory note (7.334) and an account stated (7.337), the summons/notice to appear (7.322), a final judgment (7.340) and a satisfaction of judgment (7.347). Ask your clerk which forms your county court provides.

Serving the Defendant: The 120-Day Rule

Rule 7.070(b) is new. The Florida Supreme Court adopted it in In re: Amendments to Florida Small Claims Rule 7.070, No. SC2025-1254 (June 4, 2026), effective July 1, 2026, at 12:01 a.m. The Court described the 120-day limit as being in alignment with Florida Rule of Civil Procedure 1.070(j).

Rule 7.070(b) now says that if service of the initial process and initial pleading is not made on a party within 120 days after filing of the initial pleading directed to that party, the court, on its own initiative after notice or on motion, must direct that service be effected within a specified time or must dismiss the action without prejudice or drop that party.

The rest of Rule 7.070(b), and new subdivision (c), cover these situations:

Other service follows the law. Rule 7.070(a) points to Florida Rules of Civil Procedure 1.070(a) to (h) or other law, and allows constructive or substituted service as provided by law; ask the clerk what either involves. If a summons is not served and the return of service is filed 5 days before the pretrial conference, the court cancels the conference as to any non-served party, and the plaintiff may request a new summons with a new appearance date (Rule 7.090(b)).

The Pretrial Conference: Your First Court Date

Plan to attend this hearing even if you expect to settle. Rule 7.090(b) requires the summons/notice to appear to specify that the initial appearance is a pretrial conference, set by the clerk not more than 50 days from the date of filing. The court considers:

• the simplification of issues;
• the necessity or desirability of amendments to the pleadings;
• admissions of fact and of documents that avoid unnecessary proof;
• limits on the number of witnesses;
• the possibility of settlement; and
• such other matters as the court in its discretion deems necessary.

Appearing is required. Plaintiff and defendant must appear personally or by counsel, in person or through communication technology (Rule 7.090(a)), and filing a motion or defensive pleading does not excuse the personal appearance of a party or attorney (Rule 7.090(c)). Mediation has its own rule, covered next.

Mediation may take place at the pretrial conference itself. Under Rule 7.090(f), an attorney may appear for a party at mediation with full authority to settle without further consultation. Unless the court orders otherwise, a nonlawyer representative may appear if the representative has the party’s signed written authority and full authority to settle without further consultation. In either event, the party need not appear. A failure to follow that subdivision may lead to an award of the opposing party’s costs and attorney fees. Any agreement must be written as a stipulation (signatures may be original, electronic or facsimile, in counterparts), and the court may enter it as an order (Rule 7.090(g)).

If You Are the Defendant in Florida Small Claims Court

If someone has sued you, this is your timetable under the rules:

When the defendant misses the scheduled time, the plaintiff is entitled to a default, which the judge or the clerk can enter. The judge then takes evidence of the damages and enters judgment in line with the evidence and the law (Rule 7.170). A plaintiff who does not appear at the pretrial conference or at trial risks dismissal for want of prosecution. The court may instead let the defendant go to trial on the merits or continue the action as the judge directs (Rule 7.160(a)).

At Trial

Here is what to expect at trial. Trial comes within 60 days of the pretrial conference at the latest, with at least 10 days’ notice. The parties can stipulate to a shorter or longer time if the court approves.

The rules of evidence apply but are to be liberally construed, and a witness who testifies by communication technology is treated as a live witness (Rule 7.140(f)).

If you have no lawyer, the court shall assist you on courtroom decorum, the order of presentation of material evidence, and handling private information. The court may not instruct you on accepted rules of law and shall not act as an advocate for a party (Rule 7.140(e)).

Jury trial. Rule 7.150(a) allows a jury trial upon written demand of the plaintiff at the time of the commencement of the suit, or by the defendant within 10 days after service of the summons/notice to appear or at the pretrial conference. Otherwise, the jury trial is deemed waived.

Dismissals. Rule 7.110 covers these:

Costs and attorney fees. Ask for costs and attorneys’ fees by serving a motion no later than 30 days after the filing of the judgment. After a default judgment, no further motion is needed if you sought costs or fees in the statement of claim (Rule 7.175).

New Trial Motions, Relief and Appeals

After the judge rules, each route has its own clock:

Review of small claims orders and judgments is prosecuted under the Florida Rules of Appellate Procedure (Rule 7.230(a)). Under Rule 9.020(h), an order is rendered when a signed, written order is filed with the clerk of the lower tribunal. A timely and authorized motion for new trial or for rehearing tolls rendition unless another applicable rule specifically provides to the contrary. Under Rule 9.020(h)(2)(A), the final order is then not deemed rendered as to any existing party until all such motions are withdrawn by written notice or resolved by an order disposing of the last of them.

Florida Statutes §34.041(5) refers to an appellate proceeding from the county court to the circuit court, and the clerk collects the filing fees provided in §28.241(2) from the party starting the appeal, deferring payment if the party is determined to be indigent. Ask the clerk or a lawyer how the 30 days run for your judgment.

Collecting a Florida Small Claims Court Judgment

If the defendant does not pay, you can use the collection tools below, and Florida shields the wages and property that the statutes protect. Executions on judgments issue during the life of the judgment on the oral request of the party entitled to it. None issues before the judgment is rendered, within the time for serving a motion for new trial, or while a timely motion is pending, though the court may order issuance at any time after judgment (Rule 7.200).

The court can also arrange payments. The judge may inquire about the debtor’s earnings and financial status and may stay entry of judgment or stay execution or levy on terms that ensure a periodic reduction of the judgment. If the debtor misses installment payments, the creditor may have execution without further notice for the unpaid amount upon filing an affidavit of the amount due (Rule 7.210(a) and (c)).

When you win, ask for the Fact Information Sheet. The judge shall include the Enforcement Paragraph of Form 7.340 in the final judgment if the prevailing party or attorney requests it, and, at the request of the judgment creditor or the creditor’s attorney, shall order the debtor to complete and serve Form 7.343 within 45 days of the order or another reasonable time the court determines (Rule 7.221(a)). The Enforcement Paragraph gives the debtor 45 days from the date of the final judgment, unless the judgment is satisfied or a motion for new trial or notice of appeal is filed, and tells the debtor not to file the completed form with the court (Form 7.340).

A natural person who was not represented by an attorney before judgment has a second tool. At the creditor’s request, the judge shall order the debtor to appear at a hearing in aid of execution at a time certain 45 or more days from the date of entry of judgment, to be asked under oath about earnings, financial status and assets available in excess of exemptions. It applies only to a judgment creditor who is a natural person and was not represented by an attorney prior to judgment, while the Fact Information Sheet is open to a party or the party’s attorney (Rule 7.221).

• Judgment lien on land. A judgment becomes a lien on real property in a county when a certified copy is recorded in that county’s official records, with the lienholder’s address in the judgment or in a recorded affidavit. The lien lasts an initial 10 years and can be extended for an additional 10 years by rerecording with an affidavit (Fla. Stat. §55.10).
• Judgment lien on personal property. File a judgment lien certificate with the Department of State. The judgment must be final, the time to move for rehearing must have lapsed, no rehearing motion can be pending, and no stay can be in effect. The lien does not reach fixtures, money, negotiable instruments, or mortgages (§55.202).
• Levy and garnishment. Lands and tenements, goods and chattels, and stock in corporations are subject to levy and sale under execution (§56.061). Ask the clerk how to request a levy. A person who has sued to recover a debt or has recovered judgment has a right to a writ of garnishment to reach what a third party owes the debtor or holds for the debtor (§77.01).
• Wages. Under §222.11, a head of family is a natural person providing more than one-half of the support for a child or other dependent. All of the disposable earnings of a head of family at or below $750 a week are exempt. Above that, earnings may not be garnished unless the person agreed otherwise in a separate written waiver in the form the statute prescribes. Other debtors fall under the Consumer Credit Protection Act limit.
• Homestead and personal property. Article X, §4 of the Florida Constitution shields property owned by a natural person from forced sale: a homestead of up to one-half acre of contiguous land inside a municipality (160 acres outside one), plus personal property worth $1,000. The exemption does not cover taxes and assessments on the property, debts for its purchase, improvement or repair, or debts for labor performed on the realty.

Interest and time limits. The Chief Financial Officer sets the judgment interest rate under Florida Statutes §55.03, and the CFO’s table lists 7.87% a year for October 1, 2026. An action on a judgment of a Florida court of record may be brought within 20 years (§95.11(1)). For strategies before and after court, see our guide on how to collect money owed.

Security Deposits in Florida Small Claims Court

If your dispute is about a security deposit, the statute gives the landlord two deadlines. If the landlord does not plan to claim any of the deposit, it must be returned, with interest if otherwise required, within 15 days after the rental agreement terminates. A landlord who does plan a claim has 30 days to send written notice, by certified mail to the tenant’s last known mailing address or by email, giving the reason. Miss the 30 days and the landlord forfeits the right to impose a claim on the deposit, though it may still file an action for damages (Fla. Stat. §83.49(3)(a)). Start with a security deposit demand letter.

How Florida Small Claims Court Compares

We counted the individual limit in each jurisdiction of our small claims court limits by state table, which covers 50 states and the District of Columbia. Of the other 50 jurisdictions, 28 have a higher limit than Florida’s $8,000, 22 have a lower one and none has the same. Across the table, the median limit is $10,000. To see how another state runs the process, read our California small claims guide.

Frequently Asked Questions

What is the limit in Florida small claims court?

$8,000, not counting court costs, interest and attorney fees (Florida Small Claims Rule 7.010(b)).

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

The Miami-Dade Clerk lists $55, $80, $175 and $300 by claim size, and Fla. Stat. §34.041 sets the base fee not to exceed $50, $75, $170 and $295. Service costs extra.

What happens at a Florida small claims court pretrial conference?

The court considers narrowing the issues and the possibility of settlement, and mediation may take place right there. It is set within 50 days of filing, and both sides must appear.

How long do I have to serve the defendant in Florida small claims court?

120 days from the filing of the initial pleading, under Rule 7.070(b). After that, the court must direct that service be made within a specified time or dismiss the action without prejudice or drop that party. If you ask for more time before the 120 days run out, the rule provides an additional 120 days, with a good-cause exception when leave is sought to add a party after a pretrial conference.

Can I have a jury in Florida small claims court?

Yes, by written demand. A plaintiff demands it when starting the suit, and a defendant within 10 days after service of the summons/notice to appear or at the pretrial conference (Rule 7.150(a)).

Can I garnish wages in Florida after winning in small claims?

Yes, within limits. Florida exempts all disposable earnings of a head of family earning $750 a week or less. Above that, earnings are protected unless the person agreed in a separate written waiver. Other debtors fall under federal limits.

Can I appeal a Florida small claims judgment?

Yes. You can move for a new trial within 15 days of the judgment, or file a notice of appeal with the clerk within 30 days of rendition (Fla. R. App. P. 9.110(b)).

ClearLegalTips

ClearLegalTips is an independent publisher of plain-English legal guides, free document templates, and cost calculators for common U.S. legal tasks. Every article is reviewed by founder and editor Fatih Öztürk and fact-checked against official sources: statutes, court fee schedules, and government filing pages. Not a law firm; nothing here is legal advice.