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Small claims court in Florida: the limit, the fees and whether you need a lawyer

In Florida, small claims procedure covers civil claims for money or property worth up to $8,000, not counting costs, interest and attorney's fees.1 You start a case by filing a short statement of claim with the county court clerk, who will help you prepare it.23 The first court date is a pretrial conference, set no more than 50 days after filing; if the case does not settle there, trial follows within 60 days.45 Unlike California, Florida lets both sides bring a lawyer,6 but you do not need one, and hiring one has consequences of its own.7 Below: the limit, the fees, the steps, and how to decide about a lawyer.

How much can I claim?

Up to $8,000 in money or property, exclusive of costs, interest and attorney's fees.1 A claim for money or property is covered by the small claims rules even if you also ask for equitable relief.1 Claims above $8,000 and up to $50,000 still belong in county court, but under the ordinary civil procedure instead.8

What does it cost to file?

The county court filing fee depends on the amount you claim:9

You claimFiling fee (maximum)
less than $100$50
$100 to $500$75
more than $500, up to $2,500$170
more than $2,500, up to $8,000$295

The clerk also charges $10 for issuing a summons.10 Fees are due when you file.9

How to file, step by step

  1. Ask for the money first, in writing. A dated demand letter often ends the matter, and it is evidence of what you asked for and when.
  2. Write the statement of claim. It must tell the defendant, concisely, the basis and the amount of the claim. If the claim rests on a written document, such as a contract, invoice or lease, attach a copy.2 Give the names, addresses and, if known, phone numbers of all parties.11 If you have no lawyer, you sign it yourself and give your address and phone number.12
  3. Get help from the clerk if you need it. The clerk must help any litigant prepare the statement of claim and other papers on request.3
  4. File it in the right county. Proper places include where the contract was made, where the event happened, where a defendant lives, and, for money due without an agreed place of suit, where payment was to be made.13 A defendant sued in the wrong place may ask to move the case.13
  5. The defendant is served with a summons/notice to appear and a copy of your claim.1314

The pretrial conference

The summons sets your first appearance as a pretrial conference, no more than 50 days after filing.4 Both parties must appear, in person or by communication technology, either personally or through a lawyer.6 At the conference the court considers:4

  • narrowing the issues;
  • admissions of facts and documents;
  • limits on witnesses;
  • the possibility of settlement.

Written motions and defenses are not necessary unless the court orders them.15

Trial

If the case does not settle, the court sets trial no more than 60 days after the pretrial conference, with at least 10 days' notice.5 A party who wants the court to award costs or attorney's fees must file a motion no later than 30 days after the judgment.16 An appeal follows the Florida Rules of Appellate Procedure.17

Do I need a lawyer for small claims court in Florida?

You may have one, but you do not need one. Both parties may appear personally or by counsel.6 A business may be represented by an officer, member, partner or an employee a principal has authorized in writing, though not on appeal.1218

Three points to weigh before you hire one:

  • Discovery. A party represented by a lawyer is open to discovery requests (written questions, document demands, depositions) without a court order. A party without a lawyer who has not started discovery cannot be subjected to it unless the court allows.7
  • Attorney's fees are not automatic. You get your fees paid by the other side only where a statute or contract provides for it. In landlord-tenant cases, for example, the winning party may recover reasonable attorney's fees.1920 Without such a basis, a lawyer's fee can exceed what is at stake in a case capped at $8,000.1
  • The rules are written for people without lawyers. They are meant to secure "the simple, speedy, and inexpensive trial" of these claims.21

A lawyer is worth calling when the other side has one and the dispute turns on a legal question, when a statute gives you attorney's fees if you win, or when you need to appeal.

Before you pay for a lawyer, check your case

Tell Savion what happened. It reads the Florida rules and statutes that apply to your facts and tells you:

  • whether your claim fits small claims, and the filing fee for your amount;
  • the county where you can file;
  • your demand letter and a draft statement of claim, ready for you to review.

If your case does need a lawyer, Savion writes a one-page summary of the facts and the law, so that a free consultation is spent on your case rather than on retelling it. For a dispute about a rental deposit, see Florida security deposit law.

Savion gives legal information, not legal advice. The statements above are based on the rules and statutes listed under References, as retrieved on 25 October 2026. For your specific situation, read those sources or speak to a Florida-licensed attorney.

References

  1. Fla. Sm. Cl. R. 7.010(b) (scope: civil actions in county court demanding money or property not exceeding $8,000 exclusive of costs, interest and attorneys' fees; Fla. Stat. § 51.011 prevails on conflicting time periods). Florida Small Claims Rules, version of July 1, 2026, published by The Florida Bar, floridabar.org (PDF). Accessed October 25, 2026. ↩ ↩2 ↩3 ↩4

  2. Fla. Sm. Cl. R. 7.050(a)(1) (action commenced by a concise statement of claim stating the basis and amount; copy of a written document on which the claim is based to be attached). Florida Small Claims Rules, version of July 1, 2026, floridabar.org (PDF). Accessed October 25, 2026. ↩ ↩2

  3. Fla. Sm. Cl. R. 7.050(c) (clerk shall assist in preparing the statement of claim and other papers at a litigant's request). Florida Small Claims Rules, version of July 1, 2026, floridabar.org (PDF). Accessed October 25, 2026. ↩ ↩2

  4. Fla. Sm. Cl. R. 7.090(b) (initial appearance is a pretrial conference set not more than 50 days from filing; matters considered, including simplification of issues, admissions, witnesses and settlement). Florida Small Claims Rules, version of July 1, 2026, floridabar.org (PDF). Accessed October 25, 2026. ↩ ↩2 ↩3

  5. Fla. Sm. Cl. R. 7.090(d) (trial set not more than 60 days from the pretrial conference with at least 10 days' notice). Florida Small Claims Rules, version of July 1, 2026, floridabar.org (PDF). Accessed October 25, 2026. ↩ ↩2

  6. Fla. Sm. Cl. R. 7.090(a) (plaintiff and defendant must appear personally or by counsel, in person or through communication technology). Florida Small Claims Rules, version of July 1, 2026, floridabar.org (PDF). Accessed October 25, 2026. ↩ ↩2 ↩3

  7. Fla. Sm. Cl. R. 7.020(b) (a party represented by an attorney is subject to discovery without order of court; an unrepresented party who has not initiated discovery is not subject to it without leave of court). Florida Small Claims Rules, version of July 1, 2026, floridabar.org (PDF). Accessed October 25, 2026. ↩ ↩2

  8. Fla. Stat. § 34.01(1)(c) (county court jurisdiction over actions at law not exceeding $50,000, exclusive of interest, costs and attorney fees, for actions filed on or after January 1, 2023). Official text: The Florida Legislature, Online Sunshine, leg.state.fl.us. Accessed October 25, 2026. ↩

  9. Fla. Stat. § 34.041(1)(a) (county court filing fees by amount claimed; fees due on filing). Official text: leg.state.fl.us. Accessed October 25, 2026. ↩ ↩2

  10. Fla. Stat. § 34.041(1)(d) (service charge of $10 for issuing a summons). Official text: leg.state.fl.us. Accessed October 25, 2026. ↩

  11. Fla. Sm. Cl. R. 7.050(b) (names, addresses and, if known, telephone numbers of all parties on the statement of claim). Florida Small Claims Rules, version of July 1, 2026, floridabar.org (PDF). Accessed October 25, 2026. ↩

  12. Fla. Sm. Cl. R. 7.050(a)(2) (unrepresented party signs and states address and telephone number; representation of a business entity by a principal or a written-authorized employee; no non-attorney representation of a business entity on appeal). Florida Small Claims Rules, version of July 1, 2026, floridabar.org (PDF). Accessed October 25, 2026. ↩ ↩2

  13. Fla. Sm. Cl. R. 7.060(a) (summons/notice to appear; the defendant's right to venue and the proper places of suit; request for transfer). Florida Small Claims Rules, version of July 1, 2026, floridabar.org (PDF). Accessed October 25, 2026. ↩ ↩2 ↩3

  14. Fla. Sm. Cl. R. 7.060(b) (copy of the statement of claim served with the summons/notice to appear). Florida Small Claims Rules, version of July 1, 2026, floridabar.org (PDF). Accessed October 25, 2026. ↩

  15. Fla. Sm. Cl. R. 7.090(c) (written pretrial motions and defensive pleadings not necessary unless required by order of court). Florida Small Claims Rules, version of July 1, 2026, floridabar.org (PDF). Accessed October 25, 2026. ↩

  16. Fla. Sm. Cl. R. 7.175 (motion for costs or attorneys' fees no later than 30 days after filing of the judgment). Florida Small Claims Rules, version of July 1, 2026, floridabar.org (PDF). Accessed October 25, 2026. ↩

  17. Fla. Sm. Cl. R. 7.230(a) (review prosecuted in accordance with the Florida Rules of Appellate Procedure). Florida Small Claims Rules, version of July 1, 2026, floridabar.org (PDF). Accessed October 25, 2026. ↩

  18. Fla. Sm. Cl. R. 7.230(b) (a non-attorney may not represent a business entity in appellate proceedings). Florida Small Claims Rules, version of July 1, 2026, floridabar.org (PDF). Accessed October 25, 2026. ↩

  19. Fla. Stat. § 83.48 (prevailing party in an action to enforce a rental agreement or part II of chapter 83 may recover reasonable attorney fees and court costs). Official text: leg.state.fl.us. Accessed October 25, 2026. ↩

  20. Fla. Stat. § 83.49(3)(c) (prevailing party in an action over a security deposit entitled to court costs and a reasonable attorney's fee). Official text: leg.state.fl.us. Accessed October 25, 2026. ↩

  21. Fla. Sm. Cl. R. 7.010(a) (rules to be construed to implement the simple, speedy and inexpensive trial of actions at law in county courts). Florida Small Claims Rules, version of July 1, 2026, floridabar.org (PDF). Accessed October 25, 2026. ↩

The same question elsewhere

CaliforniaDo you need a lawyer for small claims court in California?