By the SmallClaims editorial team
Florida's small claims court handles civil money disputes up to $8,000 in principal damages — and in 2026, that limit remains unchanged under Fla. Stat. § 34.01.
This post covers exactly what that dollar cap means in practice, which case types qualify, how filing fees are tiered, what the statute of limitations deadlines are for common claims, and what to do if your loss exceeds $8,000 but you still want to use the faster small claims track.
1. The $8,000 cap: what it covers and what it excludes
A claim up to $8,000 — not including costs, interest, and attorneys' fees — can be filed with the Clerk's Office as a Small Claims action, according to Rule 7.010 of the Florida Rules of Court and Chapter 34 of the Florida Statutes. That exclusion is meaningful: the $8,000 figure, codified in § 34.01(1)(c), Florida Statutes, excludes interest, court costs, and potential attorney fees. In other words, if you're suing for the return of a $7,500 security deposit and the clerk adds $250 in filing and service fees plus pre-judgment interest, you still qualify because only the $7,500 principal counts toward the cap.
Why the limit matters: filing above it strips the county court of jurisdiction. If a plaintiff mistakenly claims $8,500, the case may be dismissed or transferred to county-civil (up to $50,000) or circuit-civil (over $50,000) divisions, incurring extra fees and delays. You cannot split one large claim into smaller portions to stay under the cap; courts treat that as jurisdictional manipulation.
If your actual loss is slightly over the cap, you do have an option. You can limit your claim to $8,000, even if you feel that you are owed more than that amount, and file a Small Claims case if you want to take advantage of the simplified procedure. However, your recovery will be limited to a maximum of $8,000. Small claims cases often resolve in 45–90 days, with minimal procedural motions. County or circuit civil cases, by contrast, can last six months to over a year. Filing in higher court may also require pretrial discovery, mediation sessions, and potential attorney appearances, each carrying cost. For many plaintiffs, waiving a few hundred dollars in exchange for fast, low-stress resolution makes sense.
2. Which cases qualify (and which don't)
Small claims rules apply to actions of a civil nature in the county courts which contain a demand for money or property, the value of which does not exceed $8,000 exclusive of costs, interest, and attorneys' fees. Common qualifying cases include unpaid invoices, security deposit disputes, property damage claims, bad checks, and consumer refund demands. Florida's small-claims limit primarily benefits individuals, tenants, homeowners, and small business owners who need accessible recourse for money-related disputes. Typical filers include consumers seeking refunds, contractors chasing unpaid invoices, or landlords recovering repair costs.
Any natural or legal person — individual, partnership, or corporation — may file, provided the claim is monetary and under $8,000. Any person 18 years or older or any individual doing business as a company may file a Small Claims case. Businesses can be sued too — but you'll need the correct legal entity name. If the party is a business, you must name the proper legal entity. There are different forms of business enterprise, and the exact details will control how to determine the correct party to a lawsuit.
Some disputes don't belong in small claims even if they're under $8,000. You should also rule out specialized courts or administrative paths. For example, disputes involving residential security deposits under Chapter 83 of the Florida Statutes may first require written notice to the landlord; auto repair complaints may go through the Florida Department of Agriculture and Consumer Services. Evictions and family law matters are handled in separate divisions entirely and are outside small claims jurisdiction.
3. Statute of limitations: don't let the clock run out
Filing within the correct time window is just as critical as the dollar amount. Once a limitations window closes, even a strong, well-documented claim will be dismissed as "time-barred." Florida's limitation periods are identical whether you file a multimillion-dollar circuit case or a $500 refund claim. Florida Statutes Chapter 95 sets out different limitation periods depending on the legal theory behind your case.
Here are the most common deadlines for small claims filers:
- Written contracts — 5 years (§ 95.11(2)(b)): This applies to signed agreements such as leases, promissory notes, service contracts, or any document that clearly memorializes both parties' promises.
- Oral contracts — 4 years (§ 95.11(3)(k)): Handshake deals or text-message agreements fall here. The clock starts when the breach occurs — typically the date payment or performance was due and not delivered.
- Property damage or negligence — 4 years (§ 95.11(3)(a) pre-2023 / note below): Use this for auto-repair errors, damage to rental units, or defective workmanship causing physical loss.
- Personal injury — 2 years: 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.
- Fraud or misrepresentation — 4 years (§ 95.11(3)(j)): This covers deceptive transactions where you discover later that false information induced you to act.
The limitation period generally starts when the breach occurs, not when it's discovered. Under Florida Rule 2.514, if the final day falls on a weekend or official holiday, the period extends to the next business day. File early — courts do not grant extensions simply because you were unaware of the deadline.
4. Filing fees under § 34.041
Every Florida county follows the same statutory structure for small claims filing fees but may add minor surcharges. The core authority is § 34.041 and § 28.241, Florida Statutes, which empower clerks of court to charge graduated fees based on the claim's dollar range. The fee schedule is tiered:
| Claim Amount | Base Filing Fee | Statutory Authority |
|---|---|---|
| Up to $100 | $55 | § 34.041, Fla. Stat. |
| $100.01 – $500 | $80 | § 34.041, Fla. Stat. |
| $500.01 – $2,500 | $175 | § 34.041, Fla. Stat. |
| $2,500.01 – $8,000 | $300 | § 34.041, Fla. Stat. |
The clerk of court collects a service charge of $10 for issuing a summons or an electronic certified copy of a summons. The clerk assesses the fee against the party seeking to have the summons issued. Sheriff service typically adds $40 to $50. County-level totals vary slightly: Miami-Dade County totals around $185 (includes summons issuance); Hillsborough County is about $180 plus $2 per extra defendant; Leon County charges $175 flat for claims over $2,500. Always confirm with your specific clerk's office before you file.
If you cannot afford these costs, request and file the "Application for Determination of Civil Indigency." If approved, your filing fee may be deferred or waived under § 57.081, Fla. Stat. Under Florida Statutes § 34.041 and Rule 7.175 of the Florida Small Claims Rules, prevailing parties may request reimbursement of court costs.
5. Where to file and venue rules
Small Claims actions may be brought only in the county where the defendant resides, where the cause of action occurred, or where the property involved is located. Getting venue right matters: when filing a lawsuit in any court in Florida including Small Claims Court, correct venue is necessary to avoid a dismissal.
The defendant also has a right to challenge venue. A summons/notice to appear stating the time and place of hearing shall be served on the defendant. The summons/notice to appear shall inform the defendant, in a separate paragraph containing bold type, of the defendant's right of venue. If you file in the wrong county, the defendant can move to transfer the case — wasting your filing fee and delaying resolution.
A Small Claims case is begun with the filing of a Statement of Claim. The form requires the name(s) and address(es) of the party or parties you are suing, the amount of money you are suing for, and an explanation of why you are suing. You must also include your name, mailing address, and telephone number on the form. If the claim rests on a written document, attach a copy. Small Claims Rule 7.050 provides: "If the claim is based on a written document, a copy or the material part thereof shall be attached to the Statement of Claim."
6. Decision tree: small claims, county civil, or circuit civil?
Florida's court system has three tiers for civil money cases. The flowchart below helps you figure out which one fits your dispute.
County Civil Court handles claims up to and including $50,000. A County Civil case is any civil matter that falls within the jurisdiction of County Court. Circuit Civil cases are non-criminal cases in which individuals or businesses sue for damages which exceed $50,000. Small claims sits at the bottom of that ladder — fastest, cheapest, and no attorney required on either side.
One procedural note unique to Florida: Florida requires a pretrial conference in every small claims case. Bring all evidence and witnesses. The court will typically issue a "Notice to Appear" or "Summons" that lists your pretrial conference date — usually within 30 to 50 days of filing. Missing that conference date can get your case dismissed outright.
About SmallClaims: We build small claims court forms and filing guides for consumers handling their own cases. We publish state-specific guides on filing, evidence, and judgment collection, updated as court rules change.
Get your small claims forms in minutes
We build small claims court forms and filing guides for consumers handling their own cases. We publish state-specific guides on filing, evidence, and judgment collection, updated as court rules change.
Get started →Frequently asked questions
Can I sue for more than $8,000 in Florida small claims court if I waive the extra amount?
Yes — Florida law allows a plaintiff to voluntarily cap their recovery at $8,000 to stay in the small claims division, even if the actual loss is higher. Under § 34.01(4), Florida Statutes, you note the waiver directly on your Statement of Claim. Once you do that, the judge cannot award you more than $8,000, so calculate carefully whether the speed and simplicity of small claims is worth giving up the additional amount. For losses only marginally above $8,000, many plaintiffs find the waiver worthwhile.
How long do I have to file a small claims case in Florida over an unpaid invoice?
It depends on whether your agreement was in writing. Written contracts — including signed service agreements and promissory notes — give you five years from the date of breach under Fla. Stat. § 95.11(2)(b). Oral or handshake deals fall under the four-year limit in § 95.11(3)(k). The clock runs from when the breach occurred (usually when payment was due and not made), not from when you decided to sue. Missing the deadline results in automatic dismissal, so file as early as practical.
What types of cases are NOT allowed in Florida small claims court?
Small claims court is limited to civil money or property disputes under $8,000. It cannot handle evictions (which go to county court civil division under a separate summary procedure), family law matters like divorce or child support, criminal matters, or injunctions. Cases that require equitable relief — such as ordering someone to do or stop doing something — also fall outside small claims jurisdiction. If your dispute involves a government agency, you may also need to provide a pre-suit notice under Florida's sovereign immunity statutes before filing.
What happens if I win a judgment in Florida small claims court but the defendant won't pay?
A judgment in your favor is a court order, but the court doesn't collect for you — collection is your job. Common tools include a writ of garnishment to reach the defendant's bank account or wages (§ 77.041, Fla. Stat.), a judgment debtor examination that compels the defendant to appear and disclose assets, and a writ of execution targeting non-exempt personal property. Florida does protect certain assets from collection, including homestead property, qualifying retirement accounts, and Social Security benefits, so confirm exemptions before pursuing seizure. Post-judgment interest accrues quarterly at the rate set by the Florida CFO under Fla. Stat. § 55.03.