Florida Small Claims Court
Owed money in Florida? Here's the dollar limit, the court that hears it, what filing costs — and a free demand letter to send first, which resolves many disputes without a case. Free, no signup.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Florida small claims · as of 2026
- Maximum claim
- $8,000
- Court
- Small Claims (county court, proceeding under the Florida Small Claims Rules)
- Filing fee
- Graduated: about $55 (under $100) / $80 ($100-$500) / $175 ($500-$2,500) / $300 ($2,500-$8,000) - statutory base $50/$75/$170/$295 under Fla. Stat. §34.041 plus clerk service charges (amounts from the Miami-Dade Clerk schedule; other counties are similar)
- Lawyers at the hearing
- allowed (not required)
Source: Fla. Small Claims Rule 7.010; Fla. Stat. §34.041 · verify ↗. Limits and fees change — confirm with the Small Claims (county court, proceeding under the Florida Small Claims Rules) clerk before filing.
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How to file in Florida — the short version
- Demand first. Send the letter above by a trackable method and keep proof — judges expect it, and it often gets you paid without a case.
- File with the Small Claims (county court, proceeding under the Florida Small Claims Rules) where the defendant lives or the dispute happened. Fee: Graduated: about $55 (under $100) / $80 ($100-$500) / $175 ($500-$2,500) / $300 ($2,500-$8,000) - statutory base $50/$75/$170/$295 under Fla. Stat. §34.041 plus clerk service charges (amounts from the Miami-Dade Clerk schedule; other counties are similar).
- Serve the defendant the way Florida rules require (clerk, sheriff, certified mail, or process server — ask the clerk). Bad service is the #1 way cases get thrown out.
- Bring evidence: contracts, invoices, photos, messages, this demand letter and its delivery proof, and any witnesses.
- Collect. If you win and they don't pay, ask the clerk about garnishment, levy, and liens.
Check the current Florida small claims rules before filing.
Frequently asked questions
How much can I sue for in Florida small claims court?
The limit is $8,000 (as of 2026). $8,000 exclusive of costs, interest and attorney fees. The Florida Small Claims Rules apply automatically to county court money/property claims at or under that amount. Source: Fla. Small Claims Rule 7.010; Fla. Stat. §34.041. If you're owed more, you can sue in the regular civil court instead — or waive the excess and stay in small claims, which is usually faster and cheaper.
Where do I file?
In Florida, small claims cases are heard by the Small Claims (county court, proceeding under the Florida Small Claims Rules), generally in the county (or district) where the defendant lives or where the dispute happened. Filing fee: Graduated: about $55 (under $100) / $80 ($100-$500) / $175 ($500-$2,500) / $300 ($2,500-$8,000) - statutory base $50/$75/$170/$295 under Fla. Stat. §34.041 plus clerk service charges (amounts from the Miami-Dade Clerk schedule; other counties are similar). Check the exact venue rule when you file — filing in the wrong place gets cases dismissed.
Can I bring a lawyer?
In Florida: allowed (not required). Either way, small claims procedure is deliberately informal — you present your story, your documents, and your witnesses directly to the judge.
What happens if I win but they don't pay?
A judgment isn't a check — if the defendant doesn't pay voluntarily, you enforce it: wage garnishment, bank levy, or property liens, depending on Florida law. The court clerk can point you to the forms. Judgments also accrue interest and stay enforceable for years, so a stubborn debtor doesn't run out the clock quickly.
How does Florida compare? See the small claims limits in all 50 states, every figure cited to statute.
How Florida compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for Florida: Fla. Small Claims Rule 7.010; Fla. Stat. §34.041 ↗.
- Small claims limit
Small claims limit: $8,000 — below the national median of $10,000 across the 51 states with a statutory rule.
Ranked #28 of 51 states — higher means larger disputes can use the small claims process.
No other state uses exactly this figure.
Small claims limit in neighboring states — Alabama ($6,000), Georgia ($15,000).
The rest of what Florida requires
The figures below are Florida's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Florida page for that document.
- Security deposit cap · as of 2026
- No statutory limit Fla. Stat. §83.49 ↗
- Deposit return deadline · as of 2026
- 30 days after move-out Fla. Stat. §83.49 ↗
- Notice to end a month-to-month tenancy · as of 2026
- 30 days Fla. Stat. §83.57(3) ↗
- Notice for unpaid rent · as of 2026
- 3 days to pay or quit Fla. Stat. § 83.56; § 83.57 ↗
- Notice to cure a lease violation · as of 2026
- 7 days Fla. Stat. § 83.56; § 83.57 ↗
- Rental application fee · as of July 2026
- No statutory limit Florida Senate ↗
- Bill of sale notarization · as of 2026
- Not required Florida FLHSMV (Form HSMV 82050) ↗
- Power of attorney signing · as of 2026
- Notarization required · 2 witnesses Fla. Stat. §709.2105 ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules Fla. Stat. § 605.0102(45) ↗
- Recording a deed · as of 2026
- Clerk of the Circuit Court (ex officio county recorder, Fla. Stat. § 28.222); in some counties styled Clerk of the Circuit Court and Comptroller · 2 witnesses Fla. Stat. § 689.01 ↗
Small claims guide in other states
More Florida legal forms
Different state? See small claims rules by state →