Small Claims are heard in County Court.
- Statutes: Florida Rules of Court: Small Claims Rules, No. 7.010-7.350.
- Dollar Limit: $5,000.
- Where To Sue: Where defendant resides or injury occurred. For contract cases, where contract entered into or, if applicable, where contract provides. Where unsecured note was signed or where maker resides. In suit to recover property, where property is located.
- Service: Peace officer or court-appointed disinterested adult. Certified mail with return receipt (Florida defendants only).
- Hearing Date: Trial date within 60 days after pre-trial conference. The pre-trial conference is scheduled within 50 days after the action is filed.
- Attorneys: Allowed.
- Transfer: If defendant counterclaims for more than $5,000, 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 the pretrial conference.
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. 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.