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Florida Small Claims Court

Small Claims Guide
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• State-by-state guide

Small Claims are heard in County Court.

Statutes: Florida Rules of Court: Small Claims Rules, Rules 7.101-7.345

Dollar Limit: $5,000.

Where To Sue: Where defendant resides or injury occurred. Contracts Where agreed, if contract provides; where unsecured note was signed or where maker resides; where breach occurred. To recover property Where property is. U.S. corporation resides where it maintains office for customary business. Foreign corporation resides where it has an agent.

Service: Registered mail with return receipt (Florida residents only), peace officer or court-approved disinterested adult.

Hearing Date: Within 60 days after pre-trial conference set by the court.

Attorneys: Allowed; court may require for collection agents and assignees.

Transfer: If defendant counterclaims for more than $2,500, case tried under regular civil procedure of County Court.

Appeals: By either side for review of law, not facts; to Circuit Court within 30 days.

Special Provisions: Equitable relief available. Jury trial available. Party represented by attorney is subject to discovery. Defendant must file counterclaim in writing at least 5 days before appearance date. Eviction cases allowed.

Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. This information was last updated in 2004. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.

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September 5 2008

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