Florida County Court Small Claims Actions: An Overview

Filing a claim in the Florida County Court, the court handling small claims matters in Florida, can be a straightforward and inexpensive way to settle a dispute. But you must follow the rules to prevail.

Below are concise answers to common questions about the Florida County Court process. You'll learn about preparing and presenting your case, collecting a money judgment, and appealing a small claims decision. You'll also find links to helpful small claims information and resources at the end of the article.

How Does Florida Small Claims Court Work?

A small claims case starts by filing a "statement of claim" with the Florida County Court. You'll serve a copy of the claim on the "defendant," the person or company you're suing.

At the trial, you'll present evidence supporting your case. In response, the defendant could present a defense to your action or, if the defendant filed a crossclaim, submit evidence proving you owe the defendant money.

The judge will issue a money judgment to whoever proves they're entitled to an award. The money judgment allows the creditor to collect using property liens, wage garnishments, bank account levies, and property seizures.

What's the Small Claims Court Limit in Florida County Court?

You can ask for up to $8,000 in a small claims action in Florida County Court. Plaintiffs with claims exceeding the limit can use small claims court if they're willing to accept the $8,000 maximum. Otherwise, they must file in a higher court. (Florida Small Claims Rules, Rule 7.010 (2025).)

Can a Landlord Bring an Eviction Lawsuit in a Florida Small Claims Court?

Yes, evictions are heard in Florida County Court. (Florida Small Claims Rules, Rule 7.010 (2025).)

Florida County Court is also an excellent forum for other cases typically brought in small claims courts, such as property damage cases and breach of contract disputes.

Which Florida County Court Should I File My Small Claims Action in?

Florida has many County Courts, but you can't always pick the most convenient location. You must choose the proper court location or venue. Otherwise, the defendant can ask the court to transfer or dismiss your action. In Florida, you'll file in one of the following:

• where the contract was entered into
• where the event giving rise to the suit occurred
• where any one or more of the defendants sued reside
• any location agreed to in a contract
• if the suit is to recover property or foreclose a lien, where the property is located
• for an unsecured promissory note, where the note is signed or where the maker resides, or
• if money is due but there's no agreement specifying where the suit must be filed, where payment is to be made.

(Florida Small Claims Rules, Rule 7.060 (2025).)

Go to the Florida Secretary of State's business database to search for company information. Also, be aware that you might have other options, depending on your case. Most courts post venue rules on the court website.

How Much Time Do I Have to File a Case in Small Claims Court in Florida?

You don't have an unlimited amount of time to file a lawsuit. You'll have to bring it within the statute of limitations period for the case type. But pinning down how much time you have to file isn't always as simple as reading the statute of limitations.

The time can stop and restart depending on various circumstances, and figuring out when it expires can be challenging. The process is known as "tolling" the statute of limitations, and it happens when a plaintiff or defendant is unavailable for a lawsuit. For instance, a personal injury limitation period typically won't begin running on a minor's injury until the child reaches 18 years of age and can sue without the help of a guardian. Learn more about calculating the statute of limitations and whether it's too late to sue.

Can an Attorney Represent a Small Claims Claimant in Florida County Court?

Yes. In Florida, lawyers can appear on behalf of any party in a small claims case, but you aren't required to hire a lawyer. However, note that any party represented by an attorney is subject to discovery. (Florida Small Claims Rules, Rule 7.020 (2025).) But small claims court is more relaxed and easier to navigate than higher courts, and most people are comfortable pursuing claims "in pro per" or without counsel.

Does the Defendant Need to Answer the Small Claims Complaint?

No, unless a court orders it, the defendant doesn't need to file a written response to the small claims complaint. However, in most cases the defendant or the defendant's attorney must appear personally at a pretrial conference. And the defendant must file any counterclaim in writing at least five days before the pretrial conference. (Florida Small Claims Rules, Rules 7.090, 7.100 (2025).)

Learn what happens if you get sued in small claims court.

Will I Have a Judge or Jury Trial in Small Claims Court in Florida?

If you're the plaintiff, you must make a jury trial demand when filing the claim. Otherwise, a judge will hear your case. A defendant must demand a trial within ten days after service (or notice of the case) or at the pretrial conference. (Florida Small Claims Rules, Rules 7.150 (2025).)

You'll also want to determine if you must deposit additional funds because most courts require fees to cover juror costs. You'll lose your right to a jury trial if you fail to file the request and pay the fees before the deadline.

How to Prepare and Present a Florida County Court Case

You'll want to explain what happened and present evidence supporting your version of the events and the amount of money lost.

What Do I Need to Prove in My Small Claims Case?

It will depend on the type of case. In most instances, you'll need to prove that the person you're suing harmed you and the amount of money it will take to right the situation. Research the "elements" of your case type to determine exactly what you must prove.

One of the most important things people forget to do is prove how much they're out of pocket. For instance, you'll likely provide medical bills if you were injured or repair estimates if you suffered property damage. Make sure you can prove how much it will take to fix the problem.

What Type of Evidence Should I Present in Small Claims Court?

If you're suing someone who didn't comply with a written contract, you'll need copies of the contract and any correspondence exchanged. You might also want to present photos of shoddy work or damaged property.

If someone witnessed an event, bring them in. You might also need expert testimony to establish the defendant caused the problem if it isn't something that can be inferred. For instance, only a medical professional can testify about the cause of illness or injury, and you'd need a mechanic to verify most automotive repairs. Check with the court to see if you can provide a statement made under oath if the person is unavailable or charges too much for in-person testimony.

How Should I Organize My Small Claims Presentation?

After providing the judge with a short case description, you'll likely present the facts chronologically. If you're afraid you'll forget something or are worried you'll ramble on, write out your presentation and read it when it's your turn. However, you'll likely make a better impression if you speak naturally, using a bullet point list for reference when needed. Either way, practicing beforehand is the key to a polished presentation.

Also, it's best to cover each point concisely yet fully, with as little emotion as possible. You'll also want to avoid jumping in if the other side says something incorrect. Instead, make a note and address it when it is your turn to speak.

After the Trial: Collecting Judgment and the Appeals Process

The court might announce the winner immediately after the trial, but it's more likely that you'll find out who prevailed by mail. Your next steps will depend on whether you win or lose.

Will the Court Collect My Judgment for Me?

No. You'll be responsible for all collection efforts. Before pursuing a small claims court case, you'll want to evaluate whether the defendant has assets you can seize after winning the case. A debtor with nothing you can take is called "judgment proof," and pursuing an action won't make sense unless the debtor acquires property and income in the future.

Learn more about determining whether you can collect before suing in small claims court.

Can State Exemption Laws Stop Me From Seizing the Defendant's Property?

Yes. Every state allows debtors to protect essential property from creditors, such as household goods, a percentage of income, and some equity in a car and home, although the specific property protected varies greatly. You'll find these protections in your state's exemption statutes. In most states, the same exemptions protect assets from creditors in and outside bankruptcy.

Learn more about why you shouldn't sue unless you can collect the judgment.

Can I Appeal a Florida County Court Decision?

Either side can appeal a decision in a Florida small claims case. But the appeal must be filed within 30 days after the judgment is rendered. (Florida Rules of Appellate Procedure, Rule 9.110 (2025).) Note that the 30-day deadline begins when the judge enters the judgment, not when you receive notice of the judgment, which could be several days later.

You must comply with the filing deadline and other rules or you'll lose your appeal rights, so be sure to find the correct date. If you're confused about the process or how to find the date you'll use to calculate the filing deadline, talk with the court clerk or a local attorney.

How to Find Out More About Florida Small Claims Court

Most courts publish filing instructions on the court website or provide self-help services. The Florida Courts' website maintains a Small Claims Self-Help page that could be a good place to start. You can also find Florida's small claims law online. Go to the Florida Bar's website for court rules. See, especially, Florida Small Claims Rules, Rules 7.010 to 7.350, and Florida Rules of Appellate Procedure, Rule 9.110.

For detailed help with case filing, court strategy, and collecting a money judgment, see Everybody's Guide to Small Claims Court by Attorney Cara O'Neill (Nolo).

And Nolo's small claims homepage has many helpful articles on the small claims court process.