Small Claims

General Information

A Small Claims case is a legal action filed in county court to settle minor legal disputes among parties where the dollar amount involved is $8,000 or less, excluding costs, interest, and attorney fees. Because Small Claims court is considered a "people's court," it is not necessary to have an attorney to file a claim. Forms to file a small claims case are available at the County Civil Department at the Clerk's Office and here on our website. Attorneys are not precluded from this court, but are not required.

The Statement of Claim form is available at the Clerk's Office or on this website. If the form is signed outside of our office, it needs to be notarized. It can also be signed in the presence of a Deputy Clerk here at the Clerk's Office.

The case is filed in the county in which the incident took place. If the case is filed in the wrong county, the Defendant may ask the court to change the venue to the proper county.

Filing

When filing a Small Claims case, you need to be certain that you are suing the proper party. If you are suing a business, you should contact the Secretary of State at (850) 488-9000 to retrieve the information needed to have your summons served on the Registered Agent of the corporation. If you have any attachments to prove your claim, you must provide the Court with one copy for the file and one copy to be served on each defendant.

Service

You can have your summons served by the Sheriff, a process server, or by certified mail. Certified mail can only be served within the State of Florida.

Settlements

If you and the other party reach a settlement, the Clerk's office must be notified in writing prior to the court date so the case can be removed from the docket.