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

- Link: https://clearlegaltips.com/florida-small-claims-court/
- Published: 2026-11-05T06:51:25-05:00
- Author: ClearLegalTips

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## Download This Resource

Get a Florida small claims filing checklist and a claim worksheet for your damages
and evidence:

[Filing ChecklistClaim to judgment](https://clearlegaltips.com/wp-content/uploads/2026/11/fl-small-claims-filing-checklist.pdf)
[Claim WorksheetPrintable PDF](https://clearlegaltips.com/wp-content/uploads/2026/11/fl-small-claims-claim-worksheet.pdf)

**The short version (2026):** Florida small claims court handles claims up to **
$8,000**, excluding costs, interest and attorney fees. Miami-Dade filing fees: **
$55, $80, $175 or $300**. Your first court date is a **pretrial conference** within**
50 days**. If the defendant is not served within **120 days**, Rule 7.070(b) (effective
July 1, 2026) requires the court to set a service deadline, dismiss without prejudice
or drop that party. After judgment: new trial motion within **15 days**, notice 
of appeal within **30 days** of rendition.

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

![Card: Florida small claims limit, $8,000 exclusive of costs, interest and attorneys'
fees, Rule 7.010(b)](https://i0.wp.com/clearlegaltips.com/wp-content/uploads/2026/
11/florida-small-claims-court-01-limit.jpg?w=1290&ssl=1)

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)).

![Card: Florida county courts hear larger actions at law up to $50,000 for cases
filed on or after January 1, 2023, Fla. Stat. 34.01(1)(c)](https://i0.wp.com/clearlegaltips.
com/wp-content/uploads/2026/11/florida-small-claims-court-02-county-court.jpg?w=
1290&ssl=1)

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

![Card: Florida small claims filing fees, Miami-Dade lists $55, $80, $175 and $300
by claim size, with statutory caps in Fla. Stat. 34.041](https://i0.wp.com/clearlegaltips.
com/wp-content/uploads/2026/11/florida-small-claims-court-03-fees.jpg?w=1290&ssl
=1)

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:

  |  Amount of the claim |  Miami-Dade filing fee |  
   |  Under $100 |  $55 |  
 |  $100.01 to $500 |  $80 |  
 |  $500.01 to $2,500 |  $175 |  
 |  $2,500.01 to $8,000 |  $300 |

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.

![Card: Florida civil indigent status, apply to the clerk for relief from filing
fees under Fla. Stat. 57.082](https://i0.wp.com/clearlegaltips.com/wp-content/uploads/
2026/11/florida-small-claims-court-04-indigent.jpg?w=1290&ssl=1)

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)).

**Send a demand letter before you file.** A written demand records what you asked
for and when, and you can bring it to your pretrial conference. LawDepot is a template
tool that builds a payment demand letter; it does not file anything for you.

[Browse LawDepot Templates →](https://clearlegaltips.com/go/lawdepot-payment-demand-letter)

## Where to File

![Card: Florida small claims venue, seven proper places to sue under Rule 7.060,
and a defendant's request to move the case](https://i0.wp.com/clearlegaltips.com/
wp-content/uploads/2026/11/florida-small-claims-court-05-venue.jpg?w=1290&ssl=1)

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

![Card: Florida small claims representation, a business may appear through a principal
or an employee authorized in writing, but a non-attorney may not represent it on
appeal](https://i0.wp.com/clearlegaltips.com/wp-content/uploads/2026/11/florida-
small-claims-court-06-who.jpg?w=1290&ssl=1)

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

![Card: Florida small claims steps, statement of claim under Rule 7.050, service
within 120 days, pretrial conference within 50 days and trial within 60 days](https://
i0.wp.com/clearlegaltips.com/wp-content/uploads/2026/11/florida-small-claims-court-
07-steps.jpg?w=1290&ssl=1)

 1. **Ask for payment in writing.** Send a [demand letter](https://clearlegaltips.com/demand-letter-for-payment/)
    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](https://clearlegaltips.com/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](https://clearlegaltips.com/promissory-note-template-secured-and-unsecured/)(
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

![Card: Florida small claims service deadline, 120 days under Rule 7.070(b), effective
July 1, 2026](https://i0.wp.com/clearlegaltips.com/wp-content/uploads/2026/11/florida-
small-claims-court-08-service.jpg?w=1290&ssl=1)

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.

![Card: Florida small claims service, an additional 120 days if the movant asks 
before the 120 days expire, with a good-cause exception when a party is added after
the pretrial conference](https://i0.wp.com/clearlegaltips.com/wp-content/uploads/
2026/11/florida-small-claims-court-09-extra-time.jpg?w=1290&ssl=1)

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

  |  If |  Then |  
   |  The movant requests additional time to serve before the 120 days expire |  An additional 120 days will be provided to effectuate service |  
 |  Leave is sought to add a party after a pretrial conference |  The court may require a showing of good cause for the delay and order that service be effected within a reasonable time |  
 |  A motion for leave to amend adds one or more parties |  The 120 days for the new parties begin on the entry of an order granting leave to amend |  
 |  The case is dismissed under this subdivision |  It is not considered a voluntary dismissal and does not operate as an adjudication on the merits under Rule 7.110 |  
 |  Service of process is waived |  The waiver must be reduced to writing in the record (Rule 7.070(c), also new) |

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

![Card: Florida small claims pretrial conference, set within 50 days of filing, 
both sides must appear, mediation may take place at the conference](https://i0.wp.
com/clearlegaltips.com/wp-content/uploads/2026/11/florida-small-claims-court-10-
pretrial.jpg?w=1290&ssl=1)

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.

![Card: Florida small claims mediation, whoever appears must have full authority
to settle, agreements are written as a stipulation under Rule 7.090(f) and (g)](
https://i0.wp.com/clearlegaltips.com/wp-content/uploads/2026/11/florida-small-claims-
court-11-mediation.jpg?w=1290&ssl=1)

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

![Card: Florida small claims defenses, counterclaim due 5 days before the pretrial
conference, default if the defendant does not appear](https://i0.wp.com/clearlegaltips.
com/wp-content/uploads/2026/11/florida-small-claims-court-12-defendant.jpg?w=1290&
ssl=1)

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

  |  Step |  What the rule says |  Rule |  
   |  Written motions and defensive pleadings |  Not necessary unless the court orders them. If filed, serve copies on all other parties at or before the pretrial conference, or within the time the court sets |  7.090(c) |  
 |  Counterclaim from the same transaction or occurrence |  File at least 5 days before the pretrial conference, or within the time the court designates, or it is abandoned |  7.100(a) |  
 |  Filing a counterclaim |  In writing with the clerk, served on the plaintiff or the plaintiff’s attorney. The court may continue the action if more time is needed to prepare a defense |  7.100(c) |

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

![Card: Florida small claims trial date, within 60 days of the pretrial conference
with at least 10 days' notice, Rule 7.090(d)](https://i0.wp.com/clearlegaltips.com/
wp-content/uploads/2026/11/florida-small-claims-court-13-trial-date.jpg?w=1290&ssl
=1)

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)).

![Card: Florida small claims jury trial, only on written demand under Rule 7.150(
a), otherwise deemed waived](https://i0.wp.com/clearlegaltips.com/wp-content/uploads/
2026/11/florida-small-claims-court-14-jury.jpg?w=1290&ssl=1)

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:

  |  Situation |  What the rule says |  Rule |  
   |  Plaintiff drops the case without a court order |  Except where property has been seized or is in the custody of the court, inform the defendant and the clerk before the trial date, or file a stipulation of dismissal signed by all parties who have appeared |  7.110(a) |  
 |  The same claim is dismissed a second time |  The dismissal operates as an adjudication on the merits when the plaintiff has dismissed an action based on or including the same claim in any court |  7.110(a) |  
 |  No activity on the record for 6 months |  The action must be dismissed after 30 days’ notice, unless a stay is in place or a party shows good cause in writing at least 5 days before the hearing |  7.110(e) |

**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

![Card: Florida small claims after judgment, new trial motion within 15 days, notice
of appeal within 30 days of rendition, relief from judgment under Rule 7.190](https://
i0.wp.com/clearlegaltips.com/wp-content/uploads/2026/11/florida-small-claims-court-
15-appeal.jpg?w=1290&ssl=1)

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

  |  Route |  Deadline and requirements |  Rule |  
   |  Motion for new trial |  Not later than **15 days** after return of verdict in a jury action or the date of filing of the judgment in a nonjury action. State the basis with particularity; the court may deny the motion summarily or grant a hearing |  7.180(a), (b) |  
 |  Relief from judgment |  Within a reasonable time. Grounds: mistake, inadvertence, surprise or excusable neglect; newly discovered evidence; fraud or misconduct of an adverse party; a void judgment; or the rule’s other grounds, such as a satisfied, released or discharged judgment. Not more than 1 year after the judgment for the first three |  7.190(b) |  
 |  Appeal |  File a notice with the clerk of the lower tribunal within **30 days** of rendition of the order to be reviewed |  Fla. R. App. P. 9.110(b) |

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

![Card: collecting a Florida small claims judgment, execution and installment stays
under Rules 7.200 and 7.210, judgment liens, garnishment](https://i0.wp.com/clearlegaltips.
com/wp-content/uploads/2026/11/florida-small-claims-court-16-collect.jpg?w=1290&
ssl=1)

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)).

![Card: Florida judgment collection protections, head of family wages exempt at 
$750 a week or less, homestead under art. X section 4](https://i0.wp.com/clearlegaltips.
com/wp-content/uploads/2026/11/florida-small-claims-court-17-protections.jpg?w=1290&
ssl=1)

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](https://clearlegaltips.com/how-to-collect-money-owed/).

## Security Deposits in Florida Small Claims Court

![Card: Florida security deposit cases, return within 15 days or written notice 
of a claim within 30 days under Fla. Stat. 83.49(3)(a)](https://i0.wp.com/clearlegaltips.
com/wp-content/uploads/2026/11/florida-small-claims-court-18-deposits.jpg?w=1290&
ssl=1)

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](https://clearlegaltips.com/security-deposit-demand-letter-template-get-deposit-back-2026/).

## How Florida Small Claims Court Compares

![Card: how Florida compares, 28 of the other 50 jurisdictions have a higher small
claims limit than $8,000, 22 are lower and none match](https://i0.wp.com/clearlegaltips.
com/wp-content/uploads/2026/11/florida-small-claims-court-19-compare.jpg?w=1290&
ssl=1)

We counted the individual limit in each jurisdiction of our [small claims court limits by state](https://clearlegaltips.com/small-claims-court-filing-limits-and-fees/)
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](https://clearlegaltips.com/california-small-claims-court/).

## 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)).

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### Related Articles

 * [Small Claims Court Limits & Fees by State (2026)](https://clearlegaltips.com/small-claims-court-filing-limits-and-fees/)
 * [California Small Claims Court (2026)](https://clearlegaltips.com/california-small-claims-court/)
 * [Demand Letter for Payment: Free Template](https://clearlegaltips.com/demand-letter-for-payment/)
 * [How to Collect Money Owed](https://clearlegaltips.com/how-to-collect-money-owed/)

### Sources & References

 * [Florida Small Claims Rules, Florida Bar compilation, July 1, 2026](https://www-media.floridabar.org/uploads/2026/08/2026_01-JUL-Small-Claims-Rules-7-1-2026-1.pdf)
 * [Florida Supreme Court, No. SC2025-1254 (Rule 7.070), June 4, 2026](https://supremecourt.flcourts.gov/case-information/opinions/Amendments-to-Approved-Rules)
 * [miamidadeclerk.gov (small claims filing fees)](https://www.miamidadeclerk.gov/clerk/small-claims.page)
 * [Pasco County Clerk (small claims fees and costs)](https://www.pascoclerk.com/177/Fees-Costs)
 * [Monroe County Clerk (fee schedule)](https://www.monroe-clerk.com/fee-schedule-main)
 * [Fla. Stat. §34.01 (county court jurisdiction)](https://www.flsenate.gov/Laws/Statutes/2026/34.01)
 * [Fla. Stat. §34.041 (filing fees)](https://www.flsenate.gov/Laws/Statutes/2026/34.041)
 * [Fla. Stat. §57.082 (civil indigent status)](https://www.flsenate.gov/Laws/Statutes/2026/57.082)
 * [Fla. Stat. §§55.10, 55.202, 56.061 and 77.01 (liens and collection)](https://www.flsenate.gov/Laws/Statutes/2026/55.10)
 * [Fla. Stat. §222.11 (head of family wages)](https://www.flsenate.gov/Laws/Statutes/2026/222.11)
 * [Fla. Stat. §55.03 (judgment interest)](https://www.flsenate.gov/Laws/Statutes/2026/55.03)
 * [Fla. Stat. §83.49 (security deposits)](https://www.flsenate.gov/Laws/Statutes/2026/83.49)
 * [Fla. Stat. §95.11 (limitation periods)](https://www.flsenate.gov/Laws/Statutes/2026/95.11)
 * [Fla. Const. art. X, §4 (homestead)](https://www.flsenate.gov/Laws/Constitution)
 * [Fla. R. App. P. 9.020, 9.030 and 9.110, Florida Bar compilation, October 1, 2026](https://www-media.floridabar.org/uploads/2026/10/Appellate-Court-Rules-10-01-26.pdf)
 * [myfloridacfo.com (judgment interest rates)](https://myfloridacfo.com/division/aa/audits-reports/judgment-interest-rates)

_Fact-checked: November 2026_

**Legal Disclaimer:** This article is general information, not legal advice. ClearLegalTips
is not a law firm and does not provide legal representation. Laws vary by state 
and change over time. For guidance on your specific situation, consult a licensed
attorney in your jurisdiction.

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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
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legal advice.

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