Small Claims Court in Florida: New Rules, Limits & How to File

Florida Small Claims Court Limit and What You Can Sue For

Florida small claims court handles civil disputes where the amount claimed does not exceed $8,000, not counting court costs and attorney fees. This limit was raised from $5,000 in recent years to help more Floridians resolve disputes affordably.

You can sue for a wide range of money-related matters in small claims court, including:

• Unpaid loans between individuals
• Security deposit disputes with landlords
• Property damage from accidents or negligence
• Unpaid invoices for services or goods
• Bounced checks and returned payments

You cannot use small claims court to file for divorce, seek injunctions, or pursue cases involving defamation or malicious prosecution. If your dispute involves more than $8,000, you will need to file in county or circuit court instead.

What Changed in Florida Small Claims Rules in 2026

Florida updated its small claims procedures in 2026 to modernize the process and make it more accessible for self-represented litigants. The most significant changes affect how cases are filed and how hearings are conducted.

Key updates that took effect in 2026 include:

• Electronic filing is now standard in most Florida counties through the statewide e-filing portal
• Remote pretrial conferences via video are permitted in more counties without requiring special permission
• Updated service of process rules clarify timelines for notifying defendants after filing
• Revised Plaintiff's Statement of Claim forms simplify how claimants describe their disputes
• Fee waivers for low-income filers have been streamlined through an updated affidavit of indigency process

Always confirm the specific local rules for your county courthouse, as individual courts may implement additional procedural requirements beyond the statewide baseline.

How to File a Small Claims Case in Florida Step by Step

Filing a small claims case in Florida is a manageable process when you follow the steps in the right order. Here is what to expect from start to finish:

• Gather your evidence including contracts, receipts, photos, texts, and any written agreements
• Complete the Statement of Claim form, describing your dispute clearly and stating the exact dollar amount you are seeking
• File your claim at the clerk's office in the county where the defendant lives or where the dispute occurred
• Pay the filing fee, which typically ranges from $55 to $300 depending on the amount of your claim
• Receive a case number and a scheduled pretrial conference date from the clerk

Filing can be done in person or electronically through Florida's e-filing portal. Make sure your claim amount is accurate before filing because amending it later can cause delays.

Serving the Defendant and Attending Your Pretrial Conference

After filing, the defendant must be formally notified about the lawsuit through a process called service of process. In Florida small claims cases, the clerk typically arranges service by certified mail or through the county sheriff.

Important things to know about service and your pretrial conference:

• Service must be completed at least five days before your pretrial conference date
• If the defendant cannot be served by mail, you may need to request sheriff's service and pay an additional fee
• Both parties are required to attend the pretrial conference
• The judge or magistrate will attempt to help both sides reach a settlement at the conference
• If no settlement is reached, the judge will schedule a final hearing date

Bring all of your evidence and documentation to the pretrial conference. Even if a full trial is not held that day, being prepared shows the judge you are serious about your case.

How to Collect Your Judgment After You Win in Florida

Winning a judgment in small claims court is a major step, but it does not automatically mean money appears in your bank account. You are responsible for collecting the debt from the defendant, who is now called the judgment debtor.

Florida gives judgment winners several tools to collect what they are owed:

• Wage garnishment allows you to claim a portion of the debtor's paycheck through their employer
• Bank account levy lets you freeze and collect funds from the debtor's bank account
• Writ of execution authorizes the sheriff to seize and sell the debtor's non-exempt property
• Filing a judgment lien against real property the debtor owns in Florida

Keep in mind that Florida has strong exemptions protecting certain assets, including a primary residence and some personal property. If the debtor has no reachable assets, you can re-examine their finances later when their situation changes.