Florida small claims court operates as the Small Claims Division of the County Court, handling money disputes up to $8,000 — raised from $5,000 in 2020, the first increase in over 15 years. The process is governed by the Florida Small Claims Rules (7.010 through 7.350), which took effect in their current form January 1, 2026. What sets Florida apart from almost every other state in this guide series is the mandatory pretrial conference required in every single small claims case — typically scheduled within 50 days of filing — where a judge actively works to settle the dispute before it ever reaches trial. For many Floridians, the case ends here, not in a courtroom.
Florida is also one of only a handful of states that permits a jury trial in small claims court, and its appeal process works differently from most states — a review of the trial record rather than a completely new trial. This guide covers the full Florida process: the mandatory pretrial conference, Miami-Dade’s added mediation requirement, the head-of-family wage exemption that limits garnishment, and the specific collection tools available once you have a judgment.
Florida Small Claims — Fast Facts (2026)
- Claim Limit
- Up to $8,000
- Court Name
- County Court — Small Claims Division
- Governing Rules
- Florida Small Claims Rules 7.010–7.350 (eff. Jan 1, 2026)
- Filing Form
- Form 7.330 (Statement of Claim)
- Filing Fee
- $55 – $300 (tiered by claim amount)
- Pretrial Conference
- Mandatory — within 50 days of filing
- Jury Trial
- Available — must be demanded
- Appeal Window
- 30 days — on the record, not de novo
- Judgment Valid
- 20 years — Fla. Stat. § 55.081
- Post-Judgment Interest
- ~9% (set quarterly) — Fla. Stat. § 55.03
What Makes Florida Small Claims Different
1. Mandatory Pretrial Conference in Every Case
Florida is one of the few states requiring a pretrial conference in every small claims case, not just contested or high-value ones. Scheduled within 50 days of filing under Rule 7.090, the pretrial conference is where the plaintiff and defendant appear before a judge who explains procedure, determines whether the defendant admits or disputes the claim, and actively works to help the parties settle. Many Florida small claims cases never reach a trial — they resolve at this stage. Come prepared to negotiate, not just to state your case.
2. Miami-Dade (11th Circuit) Adds Mandatory Mediation
Beyond the standard pretrial conference, the 11th Judicial Circuit — covering Miami-Dade County — routinely orders mediation at or after the pretrial conference. Mediation is informal, confidential, and facilitated by a neutral third party. If both sides reach an agreement, the case ends there. If mediation is unsuccessful, the mediator reports back to the judge and the case proceeds to a bench trial. If you are filing in Miami-Dade, expect this additional step and prepare to negotiate in good faith.
3. Jury Trials Are Available — Rare Among States
Florida is one of only a handful of states that permits a jury trial in small claims court. A plaintiff who wants a jury must demand one when filing the claim. A defendant must demand a jury trial within the time set by court rule after service, or raise it at the pretrial conference — confirm the exact deadline with your circuit, as practice varies. Jury trials in small claims are uncommon in practice — most parties prefer the speed and simplicity of a judge trial — but the option exists and may require depositing additional fees to cover juror costs.
4. Appeal Is a Record Review — Not a New Trial
Unlike California, Texas, and most other states in this guide series, a Florida small claims appeal is not a de novo trial. The Circuit Court reviews the record from the County Court proceeding for legal errors rather than hearing the case fresh. This makes the original trial far more consequential — there is no second chance to present new evidence on appeal. Most successful Florida appellants engage an attorney for this stage given its more formal, record-based nature.
5. Head-of-Family Wage Exemption Limits Garnishment
Florida Statute § 222.11 fully exempts the disposable wages of a “head of family” — someone providing more than half the support for a child or other dependent — earning $750 or less per week. Even above that threshold, wages remain exempt unless the debtor has signed a specific written waiver meeting statutory requirements (a 14-point-type waiver). Wages also keep their exempt status for six months after being deposited into a traceable bank account. This significantly limits wage garnishment as a collection tool against defendants who qualify as head of family.
Florida Small Claims Filing Fees (2026)
| Claim Amount | Filing Fee |
|---|---|
| $0 – $100 | $55 |
| $100.01 – $500 | $80 |
| $500.01 – $2,500 | $175 |
| $2,500.01 – $8,000 | $300 |
Service fees are separate: sheriff or process server personal service typically costs $40–$70 per defendant; certified mail service through the clerk runs $10–$20. Both are recoverable as part of your judgment if you win.
Fee waiver: Low-income filers can request a waiver of filing fees, summons, and sheriff service using the Application for Determination of Civil Indigent Status under Fla. Stat. § 57.082. Ask the clerk for this form at the time of filing.
Step-by-Step: How to File in Florida
Step 1 — Send a Demand Letter
Florida does not require a demand letter before filing in most small claims cases, but it is strongly recommended — judges view it favorably as evidence of good-faith effort to resolve the dispute. Exception: if your claim falls under the Florida Consumer Collection Practices Act, you are legally required to provide the defendant a written demand at least 30 days before filing. When in doubt, send the letter. Give the defendant 10–14 days to respond, and keep proof of mailing.
Step 2 — Confirm Venue
File in the County Court in the county where the defendant lives, does business, or where the dispute occurred. Florida law gives the defendant the right to have the case heard in specific proper venues — the summons must inform the defendant of this right in bold type under Rule 7.060. If you file somewhere other than a proper venue, the defendant may request a transfer.
Step 3 — Complete Form 7.330 (Statement of Claim)
Obtain Form 7.330 from the County Court Small Claims Division clerk or the Florida Courts self-help site. Complete it with:
- Your full legal name and address
- The defendant’s exact legal name and address — confirm business entities through Florida’s Division of Corporations (Sunbiz.org)
- A clear factual statement of your claim
- The exact amount claimed (up to $8,000, exclusive of interest and costs)
Step 4 — File and Pay the Fee
File the Statement of Claim at the clerk’s office and pay the applicable tiered fee ($55–$300). The clerk issues Form 7.322 (Summons/Notice to Appear for Pretrial Conference), which sets the date, time, and location of your mandatory pretrial conference — scheduled no more than 50 days from filing under Rule 7.090.
Step 5 — Serve the Defendant
Service options under Florida Small Claims Rule 7.070:
- Sheriff or process server personal service: Most reliable. Cost: $40–$70 per defendant.
- Certified mail: Less expensive ($10–$20) but can fail if the defendant refuses to sign or is unavailable at the address provided.
If service fails, your pretrial conference will be delayed while you attempt service again, potentially by a different method. If the return of non-service is filed at least 5 days before the pretrial conference date, the court cancels that conference as to the unserved party — you will need to reschedule after successful service.
Step 6 — Prepare Your Evidence
Gather contracts, invoices, receipts, photographs, correspondence, and any other documents supporting your claim. Organize everything chronologically. Bring your evidence and witnesses to the pretrial conference itself — the rules explicitly instruct plaintiffs to be ready to prove their case at this stage, not just at trial, in case the defendant fails to appear.
Step 7 — Attend the Pretrial Conference
Both parties (or their attorneys) must appear in person or through approved communication technology under Florida Rule of General Practice and Judicial Administration 2.530. The judge will:
- Record your appearance
- Determine whether the defendant admits, denies, or partially admits the claim
- Attempt to help both sides reach a settlement
- Narrow the disputed factual issues
- Either set a trial date or order mediation (mandatory in the 11th Circuit / Miami-Dade)
Whoever appears for a party — including a business representative — must have full authority to settle. Appearing without settlement authority can result in cost and fee penalties. If the defendant fails to appear at the pretrial conference despite being served, you may seek a default judgment — the judge will then take evidence from you to establish damages before entering judgment. Bring your documentation regardless; default is never automatic.
Step 8 — Trial (If Not Settled)
If mediation fails or no settlement is reached, the case proceeds to trial, typically scheduled within 60 days of the pretrial conference. Florida small claims trials are conducted informally but with courtroom decorum. Rules of evidence technically apply but are liberally construed under Rule 7.140. Judges are specifically required to assist self-represented parties with courtroom procedure and the order of presenting evidence.
How to Collect Your Florida Small Claims Judgment
After the 30-day appeal window closes without an appeal being filed, you can begin enforcement under Florida Statutes Chapter 56. Post-judgment interest accrues at the rate set quarterly by the Florida Chief Financial Officer under Fla. Stat. § 55.03 — approximately 9% as of Q2 2026. The court’s involvement ends once the final judgment and any enforcement writs are issued — all enforcement actions from that point are driven by you as the judgment creditor.
Step 1 — Hearing in Aid of Execution
If you do not know the defendant’s employer, bank, or assets, request a hearing in aid of execution. The court orders the debtor to appear and disclose their income, bank accounts, and other assets under oath. Use this information to direct your subsequent garnishment or execution efforts.
Step 2 — Writ of Garnishment (Wages or Bank Accounts)
A writ of garnishment intercepts the debtor’s wages or bank account funds. Be aware of Florida’s significant wage protections: under Fla. Stat. § 222.11, a head of family earning $750 or less per week is fully exempt, and higher earners remain exempt absent a valid written waiver. After you initiate garnishment, the defendant is served with a Notice to Defendant of Right Against Garnishment and has the opportunity to file a Claim of Exemption and Request for Hearing — typically within 20 days — asserting head-of-family status, Social Security income, or other statutory exemptions. If the defendant files a valid claim and you do not object within the required window (8–14 business days depending on how the claim was delivered to you), the garnishment is dissolved and the funds released back to the debtor.
Step 3 — Writ of Execution (Non-Exempt Personal Property)
A writ of execution allows the sheriff to seize the debtor’s non-exempt personal property and sell it to satisfy your judgment. Florida’s homestead exemption and personal property exemptions can significantly limit what is available to seize — confirm current exemption amounts with the clerk or an attorney before pursuing this route.
Step 4 — Real Property Lien
Recording the judgment creates a lien on any real property the debtor owns in that Florida county. Florida’s homestead exemption is famously strong and protects a debtor’s primary residence from most judgment creditors — but the lien still attaches to non-homestead property and to any equity above what the homestead exemption protects, and it can be collected upon sale or refinance.
Judgment Valid for 20 Years
Florida judgments are valid for 20 years under Fla. Stat. § 55.081 — one of the longest judgment validity periods among all states in this guide series. This gives Florida judgment creditors substantial time to pursue collection even against defendants who are currently judgment-proof.
Appeals in Florida Small Claims Court
| Detail | Rule |
|---|---|
| Who can appeal | Either party |
| Deadline | 30 days from entry of judgment |
| Where it goes | Circuit Court |
| Type of review | On the record — not de novo |
| Governing rule | Fla. R. App. P. 9.030 |
Because the Florida appeal reviews the existing trial record rather than allowing a fresh trial, the quality of your original presentation — and the completeness of the record made at trial — matters enormously. Most successful appellants engage an attorney for the appellate stage given its more formal, record-based procedure.
Florida Statute of Limitations
| Claim Type | Period | Statute |
|---|---|---|
| Written contract | 5 years | Fla. Stat. § 95.11(2)(b) |
| Oral contract | 4 years | Fla. Stat. § 95.11(3) |
| Property damage / negligence | 4 years | Fla. Stat. § 95.11(3) |
Frequently Asked Questions — Florida Small Claims Court
What is the small claims limit in Florida in 2026?
$8,000, raised from $5,000 in 2020 by Florida Supreme Court order — the first increase in over 15 years. The cap applies to the principal amount, excluding interest, costs, and attorney fees. Claims above $8,000 must be filed in County Court’s general civil division or Circuit Court depending on the amount.
Is a pretrial conference required in Florida small claims court?
Yes, in every case, typically scheduled within 50 days of filing under Rule 7.090. The judge explains procedure, determines whether the claim is admitted or disputed, encourages settlement, and either sets a trial date or orders mediation.
Can I get a jury trial in Florida small claims court?
Yes — Florida is one of the few states permitting jury trials in small claims. A plaintiff demands one at filing; a defendant must demand one within the time set by rule after service or at the pretrial conference. Jury trials are rare in practice and may require depositing juror fees.
Can wages be garnished after a small claims judgment in Florida?
Partially. Fla. Stat. § 222.11 fully exempts a head of family earning $750 or less per week. Higher earners remain exempt absent a valid signed waiver. Wages also retain exempt status for six months after deposit into a traceable bank account.
How much does it cost to file in Florida?
Tiered fees from $55 (claims under $100) to $300 (claims $2,500.01–$8,000). Service adds $10–$20 (certified mail) or $40–$70 (sheriff/process server).
Can I appeal a Florida small claims judgment?
Yes, either party within 30 days of judgment entry, to the Circuit Court. Unlike most states, the Florida appeal is a review of the trial record — not a new trial. Most appellants use an attorney for this stage.
What is the statute of limitations for small claims in Florida?
Written contracts: 5 years. Oral contracts: 4 years. Property damage and negligence: 4 years.
How do I collect a judgment in Florida?
After the 30-day appeal window, pursue a hearing in aid of execution to locate assets, then a writ of garnishment (wages/bank accounts, subject to head-of-family exemptions), a writ of execution (non-exempt personal property), or record the judgment as a real property lien.
How long is a Florida small claims judgment valid?
20 years under Fla. Stat. § 55.081 — one of the longest judgment validity periods among all states.
Does Miami-Dade require mediation for small claims cases?
Yes. The 11th Judicial Circuit routinely orders mediation at or after the pretrial conference. If mediation fails, the case proceeds to a bench trial.
Can a business or corporation file in Florida small claims court?
Yes — any natural or legal person, including partnerships and corporations, may file provided the claim is monetary and under $8,000. However, in some Florida counties, corporations must be represented by an attorney even in small claims. Check with your specific county clerk before filing.
Next Steps
- How to Write a Demand Letter
- How to Collect Money After Winning
- How to Win a Security Deposit Case
- What to Say in Small Claims Court
- Browse All 50 State Guides
Sources
- Florida Small Claims Rules 7.010–7.350 (effective January 1, 2026): floridabar.org
- Florida Courts — Small Claims Self-Help: help.flcourts.gov
- Fla. Stat. § 95.11(2)(b) (5-year written contract SOL)
- Fla. Stat. § 95.11(3) (4-year oral contract / negligence SOL)
- Fla. Stat. § 55.081 (20-year judgment validity)
- Fla. Stat. § 55.03 (Post-judgment interest, set quarterly)
- Fla. Stat. § 57.082 (Civil indigent status fee waiver)
- Fla. Stat. § 222.11 (Head of family wage exemption)
- Fla. Stat. Chapter 56 (Enforcement of Judgments)
- Fla. R. App. P. 9.030 (Appeal to Circuit Court)
- Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. §§ 501.201–501.213
