Question 1

What is small claims court in Florida?

Accepted Answer

FL small claims court handles civil disputes involving amounts of $8,000 or less (Section 34.012). The process is: informal (simplified procedures compared to regular civil court), faster (cases are typically resolved within 1-3 months), and less expensive (lower filing fees; attorneys are permitted but not required). The court handles: contract disputes, property damage claims, security deposit disputes, consumer complaints, and debt collection. Small claims court is part of the county court system.

Question 2

How does the small claims court process work in Florida?

Accepted Answer

Process: the plaintiff files a statement of claim with the clerk (filing fee: approximately $55-$300 depending on the amount), the defendant is served with the claim and a notice of the pretrial conference date, the pretrial conference (both parties appear; the court encourages settlement and mediation), trial (if the parties cannot settle: a trial is held; both parties present their evidence and testimony), and judgment (the judge issues a ruling; the losing party can appeal to the circuit court within 30 days). The pretrial conference: is mandatory; failure to appear may result in a default judgment.

Question 3

What are the limits and exclusions of Florida small claims court?

Accepted Answer

Limits: $8,000 maximum (Section 34.012), cannot hear: eviction cases (filed in county court under Chapter 83), foreclosure cases, injunctions, or family law matters. Transfer: if the defendant files a counterclaim exceeding $8,000, the case may be transferred to county or circuit court. Collection: a small claims judgment is enforceable like any other judgment (writ of execution, garnishment, and lien on real property). The judgment is valid for 20 years (Section 55.081) and accrues interest.

Small Claims Court

Small Claims Court in Florida

Basics

Process

Limits

Related Terms

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