If you have a dispute worth $8,000 or less — a security deposit your landlord won’t return, a contractor who took your money and disappeared, a car repair that made things worse — Florida’s small claims court exists specifically for situations like yours.
No lawyer required. No complicated legal filings. Just show up with your evidence and tell your story to a judge.
Here’s exactly what you need to know.
The Short Answer
The Florida small claims court limit in 2026 is $8,000, as established by Florida Statute § 34.01. Florida small claims court (County Court Small Claims) handles civil disputes up to $8,000. The jurisdictional limit is $8,000 for most civil claims — increased from $5,000 in July 2023. Filing costs approximately $55–$300 depending on your claim amount. Most cases are resolved within 30–90 days.
Florida Small Claims Court Limit
The jurisdictional limit is $8,000 for most civil claims, according to Florida Statute § 34.01. You can verify the current rules and statute on the Florida Legislature website.
This limit covers the total amount of money you’re asking for — not including court filing fees, which you can usually recover if you win.
If your claim is worth more than $8,000, you have two options:
- Reduce your claim to fit within the limit (you give up the rest permanently)
- File in a higher court (small claims or municipal civil court, depending on your county) — this usually means higher fees and a more formal process
How Much Does It Cost to File?
Filing fees in Florida range from approximately $55–$300 depending on the amount you’re claiming. You pay this fee when you file. If you win, you can ask the court to order the defendant to reimburse your filing fee.
Filing fees by claim amount (statewide):
| Claim Amount | Filing Fee (approx.) |
|---|---|
| Up to $100 | $55 |
| $101 – $500 | $80 |
| $501 – $2,500 | $175 |
| $2,501 – $5,000 | $300 |
| $5,001 – $8,000 | $300 |
Filing Fees by County
Florida’s largest counties handle the majority of small claims cases. Filing fees follow the statewide schedule, but filing locations and online options vary by county:
Miami-Dade County: Filing fees in Miami-Dade follow the same statewide schedule ($55–$300). File in person at the Richard E. Gerstein Justice Building (1351 NW 12th St) or at any Miami-Dade County Court branch. Miami-Dade offers online e-filing for small claims through the Miami-Dade County Courts website.
Broward County: Broward County follows the statewide fee schedule. Small claims cases are handled by County Court. Visit the Broward County Courts website to download forms or file online.
Orange County: Orange County (Orlando) follows the statewide fee schedule for small claims. File at the Orange County Courthouse. Visit the Orange County Courts website for forms and filing instructions.
Hillsborough County: Hillsborough County (Tampa) follows the statewide fee schedule. File with the Hillsborough County Court. Check the Hillsborough County Clerk website for e-filing options and local forms.
Palm Beach County: Palm Beach County follows the statewide fee schedule. File with the County Court in your jurisdiction. Visit the Palm Beach County Courts website for filing information and local rules.
Fee Waivers: If you cannot afford the filing fee, you may qualify for a fee waiver. Ask the clerk about an “affidavit of indigency” or “waiver of fees” form. This applies in all Florida counties.
What Cases Can You Bring to Small Claims Court?
County Court Small Claims in Florida handles:
- Unpaid debts — money owed to you under a contract or agreement
- Security deposit disputes — landlords who wrongfully withhold your deposit
- Property damage — someone damaged your car, property, or belongings
- Faulty goods or services — a contractor or business that didn’t deliver what was promised
- Returned checks — you can usually add a statutory penalty on top of the check amount
- Minor personal injury — small injury claims where the amount is within the limit
You cannot use small claims court for:
- Divorces or custody disputes
- Criminal matters
- Claims above $8,000
- Cases requiring injunctions (court orders to stop doing something)
Can You Have a Lawyer?
Filing fees vary significantly by county and claim amount. Attorneys are allowed. Most cases are resolved within 90 days.
Even where attorneys are allowed, most people represent themselves in small claims court. Judges are accustomed to non-lawyers and allow informal presentations. A well-organized binder of evidence often matters more than legal arguments.
How to File a Small Claims Case in Florida
Step 1: Confirm You’re in the Right Court
Make sure your claim is:
- Worth $8,000 or less
- A civil (money) dispute, not a criminal matter
- Filed in the correct county (usually where the defendant lives or where the dispute occurred)
Step 2: Try to Resolve It First
Courts generally look favorably on plaintiffs who attempted to resolve the dispute before suing. Send the defendant a written demand letter giving them 14 days to pay or respond. Keep a copy. Send it via email (creates a timestamp) and certified mail (creates proof of delivery).
If you’ve already done this, proceed to Step 3.
Step 3: Complete the Court Forms
Visit your local County Court Small Claims or download forms from their website. You’ll fill out a complaint form that asks for:
- Your name and contact information (plaintiff)
- The defendant’s full legal name and address
- The amount you’re claiming
- A brief description of why you’re owed this amount
Bring supporting documents: contracts, receipts, photos, text messages, emails, and anything else that supports your claim.
Step 4: File and Pay the Filing Fee
Submit your completed forms to the court clerk and pay the filing fee ($55–$300). The clerk will stamp your forms and assign you a case number and hearing date.
Step 5: Serve the Defendant
The defendant must be officially notified of the lawsuit. In most cases, the court handles this by certified mail. If certified mail fails, you may need to arrange for personal service by a process server or sheriff. Keep your proof of service — the case may be dismissed if the defendant wasn’t properly served.
Step 6: Prepare Your Case
Organize your evidence chronologically. Bring:
- Original documents (the court may keep copies)
- Photos or videos relevant to the dispute
- Written communications (texts, emails, letters)
- Witness testimony (witnesses must appear in person — written statements are often not accepted)
- Receipts and estimates for any claimed damages
Practice explaining your case clearly in 3–5 minutes. Focus on facts and amounts.
Step 7: Attend the Hearing
Arrive early. Dress professionally. When your case is called, address the judge as “Your Honor.” Present your evidence calmly and stick to the relevant facts. Let the judge guide the proceeding — small claims courts are informal by design.
Step 8: Collect Your Judgment
Winning in court is step one. If the defendant doesn’t pay voluntarily, you’ll need to enforce the judgment. Options typically include:
- Wage garnishment — having the defendant’s employer deduct payments
- Bank levy — seizing funds from the defendant’s bank account
- Property lien — placing a lien on real property they own
Collection requires additional steps and sometimes additional court filings. The court clerk can explain the options available in Florida.
Key Statute
Florida’s small claims procedure is governed by Fla. Stat. § 34.01. The statute established the $8,000 jurisdictional limit for County Court Small Claims.
You can verify the current rules and procedures at the official Florida Courts website — County Courts section or Florida Legislature Statutes.
Real Situations in Florida
Florida County Court handles small claims up to $8,000 — a limit that was increased from $5,000 in July 2023 under Florida Statute § 34.01. This covers the majority of residential security deposit disputes in most Florida markets. Florida also has a specific procedure for security deposit claims that is separate from the general small claims process, so some deposit cases are handled under § 83.49 rather than the standard small claims rules.
The most common Florida small claims cases beyond security deposits involve contractor fraud and disputes with home service companies (HVAC, plumbing, electrical). Florida’s licensing requirements for contractors are strict, and filing a complaint with the Florida Department of Business and Professional Regulation alongside your small claims action creates additional pressure on a contractor defendant.
Florida allows attorney representation in small claims court, unlike many states. For claims near the $8,000 limit, some tenants hire a consumer protection attorney who works on contingency for FDCPA or Florida Deceptive and Unfair Trade Practices Act (FDUTPA) cases.
Common Mistakes Florida Small Claims Filers Make
Filing in the wrong county. Florida small claims cases must be filed where the defendant resides or where the cause of action occurred — not in any county you choose. With Florida’s many counties and population centers, it’s easy to file in the wrong place and have the case dismissed or transferred.
Not using the Florida-specific security deposit claim procedure. Security deposit disputes in Florida have a statutory process under § 83.49(3) that runs parallel to small claims court. Many tenants go straight to small claims court without first following the formal demand and objection procedure — which can affect what remedies are available to them.
Bringing informal evidence. Florida small claims judges expect documents, not just testimony. Photos, the lease, demand letters, text messages, and bank records showing the deposit payment are all essential. Tenants who appear with only a verbal account of what happened rarely prevail against landlords who brought documentation.
Frequently Asked Questions About Florida Small Claims Court
Is it worth taking someone to small claims court?
Small claims court is worth pursuing if your dispute is within Florida’s $8,000 limit (established by Fla. Stat. § 34.01) and you have clear documentation of the damages. Since you won’t pay attorney fees and the process is informal, the risk is primarily your filing fee ($55–$300). Small claims is ideal for security deposits, unpaid debts, and contractor disputes where you have good evidence.
Who pays legal fees in small claims court?
In Florida, if you win your case, you can ask the judge to order the defendant to reimburse your filing fee and court costs. However, you generally cannot recover attorney fees unless a specific statute allows it (rare in small claims). This is why most people represent themselves—lawyer costs wouldn’t be recoverable anyway.
What’s the most you can sue someone for in small claims court?
In Florida, the maximum is $8,000 for most civil claims, according to Florida Statute § 34.01. This limit was increased from $5,000 in July 2023. The $8,000 covers the total amount you’re claiming—not including filing fees. If your dispute is worth more, you must file in a higher court (like civil court).
How long does a small claims case take?
Most Florida small claims cases are resolved within 30–90 days from the date you file. After filing, the court assigns a hearing date. If the defendant doesn’t appear, you may get a default judgment immediately. If they contest the claim, you’ll have a hearing within 60–90 days depending on the court’s calendar.
Related Guides
- Small Claims Court Guide: How to Sue and Win Without a Lawyer — the complete how-to guide for the small claims process
- Florida Security Deposit Laws — security deposit disputes are one of the most common small claims cases
- Florida Eviction Notice Requirements — understand the eviction process and your defenses in Florida
- Florida Wage Theft Laws — Florida wage laws, overtime rights, and how to recover unpaid wages
- Florida Tenant Rights Guide — complete tenant rights guide for Florida renters
This article is for informational purposes only and does not constitute legal advice. Court limits, fees, and procedures change — always verify current rules with your local court clerk before filing. Last reviewed: April 2026.