How do I file a small claims case in Florida to recover money owed?
In Florida, people often use county court small claims procedures to try to recover money owed. A case starts by filing a concise statement of claim that explains the basis and amount of the claim and attaches any written agreement or material documents. The clerk can help with preparing the statement of claim and related papers, and there are approved small claims forms to use.
When you file, you will pay a filing fee that depends on the amount you are claiming. The court rules set how claims must be presented, what information to include about parties, and which forms may be used. After filing, the clerk serves the defendant and the case proceeds under the Florida Small Claims Rules, which include procedures about jury demands, motions for costs, and serving documents.
Current Florida law
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The deadline that matters
A motion for costs or attorneys fees generally must be served within 30 days after the judgment is filed under Fla. Sm. Cl. R. 7.175 (30 days).
What Florida law says
A statement of claim must be filed in concise form and, if based on a written document, must attach that document; the names, addresses, and contact information of parties must be included, and the clerk shall assist in preparing the claim if requested under Fla. Sm. Cl. R. 7.050. The rules provide approved forms and permit parties not represented by attorneys to designate e-mail addresses for service under Fla. Sm. Cl. R. 7.300 and to change address information with a notice form. Filing fees for county court civil actions, which include small claims, are set by statute and vary by claim amount; the schedule and amounts are listed in Fla. Stat. § 34.041. A party seeking a judgment taxing costs or attorneys fees must serve a motion no later than 30 days after filing of the judgment under Fla. Sm. Cl. R. 7.175.
What to do
A common first step is to prepare a concise statement of claim and attach any written agreement or key documents, using the court’s small claims forms where appropriate.
A common next step is to check the filing fee that applies to the amount you are claiming under Fla. Stat. § 34.041 and pay that fee when you file.
A common option is to file the claim with the county clerk and request the clerk serve the defendant, or to use the clerk’s assistance to complete initial process as allowed by Fla. Sm. Cl. R. 7.050.
A common next step is to gather and organize evidence (contracts, receipts, messages); the in-app filled claim form and evidence checklist can be used as the next step to prepare your filing.
A common step later in the case is to consider whether to file a motion for costs or attorneys’ fees, remembering the 30-day timing rule in Fla. Sm. Cl. R. 7.175.
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Common questions
How do I know what filing fee I must pay?
Filing fees for county court claims depend on the amount claimed; see the statutory schedule in Fla. Stat. § 34.041 which lists fee amounts by claim range.
What must I include with my small claim filing?
The claim should be concise, state the basis and amount claimed, list contact details for all parties, and attach any written document that supports the claim, as required by Fla. Sm. Cl. R. 7.050.
Can I use court forms for small claims?
Yes, the small claims rules provide approved forms and allow their use with necessary modifications; the clerk may also assist in preparing them, under Fla. Sm. Cl. R. 7.300 and Fla. Sm. Cl. R. 7.050.
When can I ask the court to award costs or attorneys’ fees?
A party seeking a judgment taxing costs or attorneys’ fees must serve the motion no later than 30 days after the judgment is filed, per Fla. Sm. Cl. R. 7.175.
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This content provides legal information about Florida small claims procedures, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
