Small claims court in Florida (2026)
In Florida you can sue for up to $8,000 in small claims. Court: County Court (small claims cases under the Florida Small Claims Rules). Lawyers: allowed. Appeal: either side, 30 days. For a broken written agreement you generally have 5 years to sue. Last checked .
Florida small claims at a glance
- Most you can sue for
- $8,000
- Court
- County Court (small claims cases under the Florida Small Claims Rules)
- Filing fee
- $55–$300
- Lawyers
- Allowed
- Appeal
- Either side, 30 days
- Ask for payment first
- Not required by law
Can you sue in Florida small claims?
Enter the amount and the date it happened. Nothing you type leaves your browser.
Florida small claims limit
$8,000
Enter the amount to compare it with the limit.
The rule: Claims for money or property worth up to $8,000, not counting costs, interest, and attorney fees. The same limit applies to people and businesses. No yearly cap on the number of claims is stated in the rules.
Deadline to sue (general rule)
5 years for this kind of claim in Florida. Enter the date it happened to see the last day.
Written contract: 5 years. Contract not founded on a written instrument (including sale and delivery of goods and store accounts): 4 years. Taking, detaining, or injuring personal property: 4 years. Negligence: 2 years.
Lawyers: Lawyers may represent either side.
Before you file: The Small Claims Rules do not require a demand before filing. The Miami-Dade Clerk suggests sending a letter that clearly states your complaint, since a lawsuit should be a last resort.
Appeal: A notice of appeal must be filed with the clerk of the lower tribunal within 30 days of rendition of the order to be reviewed. Appeals from county court final orders go to the district court of appeal and follow the Florida Rules of Appellate Procedure.
Filing fee: Statewide tiers set by statute (s. 34.041, 'not to exceed' $50 / $75 / $170 / $295). Clerks collect $55 for claims under $100, $80 for $100.01-$500, $175 for $500.01-$2,500, and $300 for $2,500.01-$8,000 (Miami-Dade Clerk schedule). Service of process is extra.
The deadline shown is the general statute of limitations counted from the date you entered. The real deadline can be later (for example when the problem was discovered later or the other side left the state) or earlier (a contract can shorten it, and claims against a government agency often need a written notice first, on a much shorter clock). If you are close to it, file now or ask a legal aid office. This is legal information, not legal advice.
Where to file and how much
- Court. Florida has no separate small claims court; small claims cases are heard in each county's County Court under the Florida Small Claims Rules. File where the contract was made, where the event occurred, where a defendant lives, where the property is, or another place the venue rule allows.
- Limit. Claims for money or property worth up to $8,000, not counting costs, interest, and attorney fees. The same limit applies to people and businesses. No yearly cap on the number of claims is stated in the rules.
- Filing fee. Statewide tiers set by statute (s. 34.041, 'not to exceed' $50 / $75 / $170 / $295). Clerks collect $55 for claims under $100, $80 for $100.01-$500, $175 for $500.01-$2,500, and $300 for $2,500.01-$8,000 (Miami-Dade Clerk schedule). Service of process is extra.
Who can sue and who can speak in court
- Parties may appear in person or through a lawyer. A business may be represented in the trial court by a principal (officer, member, managing member, or partner) or an employee authorized in writing, but not by a non-attorney on appeal. If the plaintiff is in the business of collecting purchased or assigned claims, the judge may require it to hire a lawyer.
- Before you file. The Small Claims Rules do not require a demand before filing. The Miami-Dade Clerk suggests sending a letter that clearly states your complaint, since a lawsuit should be a last resort.
- Jury and moving the case. A jury trial is available on written demand: by the plaintiff when filing, or by the defendant within 10 days after service of the summons/notice to appear or at the pretrial conference. Otherwise it is waived.
How long you have to sue in Florida
The general statute of limitations, counted from the day the agreement was broken or the damage happened. Written contract: 5 years. Contract not founded on a written instrument (including sale and delivery of goods and store accounts): 4 years. Taking, detaining, or injuring personal property: 4 years. Negligence: 2 years.
| Kind of claim | Time to sue |
|---|---|
| Written contract | 5 years |
| Oral (spoken) agreement | 4 years |
| Damage to property | 4 years |
| Personal injury | 2 years |
Law: Fla. Stat. s. 95.11(2)(b) (written), 95.11(3) (oral contract; injury to personal property), 95.11(5)(a) (negligence)
After the hearing: appeals and collecting
- Who can appeal
- Either side can appeal.
- Kind of appeal
- Review of the record (no new trial)
- Deadline
- A notice of appeal must be filed with the clerk of the lower tribunal within 30 days of rendition of the order to be reviewed. Appeals from county court final orders go to the district court of appeal and follow the Florida Rules of Appellate Procedure.
- Collecting the money
- After judgment, the winner may seek execution, garnishment (separate $85 fee), and proceedings supplementary; the judge can order the debtor to complete and serve a Fact Information Sheet (Form 7.343) within 45 days, and may set a hearing in aid of execution.
Good to know in Florida
- The first court date is a pretrial conference set within 50 days of filing; mediation may take place at the pretrial conference (Fla. Sm. Cl. R. 7.090(b), (f)).
- A non-attorney may not represent a business entity on appeal (Fla. Sm. Cl. R. 7.230(b)).
- Self-help URL is the Miami-Dade County Clerk page; each county clerk publishes its own small claims page and fee list.
Official help and forms
- Florida courts: small claims self-help
- Florida small claims forms
- Write a demand letter before you file (free, stays in your browser)
Sources
- Florida Small Claims Rules (July 1, 2026), The Florida Bar (read October 18, 2026)
- Fla. Stat. s. 34.041 Filing fees (read October 18, 2026)
- Fla. Stat. s. 95.11 Limitations other than real property (read October 18, 2026)
- Florida Rules of Appellate Procedure (Oct 1, 2026) (read October 18, 2026)
- Miami-Dade Clerk of the Court: Small Claims (read October 18, 2026)
Court information, not legal advice. Limits and fees change — confirm with the court before you file. How we check: methodology.
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