Florida small claims limit, fees and rules
Florida’s small claims rules cover cases of $8,000 or less, a limit that took effect on January 1, 2020. County courts hear civil cases up to $50,000, but anything above $8,000 follows the regular civil procedure rules.[1][2]
| Rule | Florida |
|---|---|
| Dollar limit | $8,000$8,000 or less, exclusive of costs, interest and attorney's fees, under the Florida Small Claims Rules in County Court. |
| Court | County Court (small claims) |
| Filing fee | Statutory maximums: $50 (claims under $100), $75 ($100–$500), $170 ($500.01–$2,500), $295 ($2,500.01–$8,000), plus a $10 clerk charge per summons and sheriff/process-server costs. |
| Lawyers | AllowedParties may represent themselves or be represented by an attorney (Fla. Sm. Cl. R. 7.050). |
| Appeal | Either party may appeal to the Circuit Court within 30 days of the judgment (Fla. R. App. P. 9.110); the appeal is on the record, not a new trial. |
| Also note | Limit raised from $5,000 to $8,000 effective January 1, 2020 (Fla. Sup. Ct. SC19-1354). County court civil jurisdiction is $50,000, but cases over $8,000 use the regular civil rules. Most counties hold a mandatory pretrial conference/mediation. |
How a Florida small claims case runs
After you file the statement of claim with the county clerk, the defendant is summoned to a pretrial conference rather than a trial. At the pretrial conference the judge or a mediator tries to settle the case; if it does not settle, the court sets a trial date. Missing the pretrial conference can mean dismissal for a plaintiff or a default judgment against a defendant.
- Fees by amount: $50 under $100, $75 for $100–$500, $170 for $500.01–$2,500 and $295 for $2,500.01–$8,000 (statutory maximums).
- Attorney fees: lawyers may appear for either side, and fees can be awarded where a contract or statute allows, so a landlord or lender’s lawyer is common.
- Appeal: to the circuit court within 30 days; it reviews the record rather than holding a new trial, so bring all evidence the first time.
Deadline to file in Florida
Small claims cases have the same filing deadline as any lawsuit: once the statute of limitations runs, the court will dismiss the claim if the defendant raises it.[3][4][5]
| Claim | Deadline | Statute |
|---|---|---|
| Unpaid loan or written contract | 5 years | Fla. Stat. § 95.11(2)(b) |
| Oral agreement | 4 years | Fla. Stat. § 95.11(3)(j) |
| Credit card or open account | 4 years | Fla. Stat. § 95.11(3)(j) |
| Property damage (e.g. fender bender) | 2 years | Fla. Stat. § 95.11(5)(a); § 95.11(3)(g) |
See the full Florida statute of limitations list for other claims, compare the small claims limit by state if the defendant is elsewhere, and read how to file a claim in small claims court for the general steps. Whether to bring counsel is covered on the small claims attorney page.
Frequently asked questions
What is the small claims limit in Florida?
How much does it cost to file small claims in Florida?
Can I have a lawyer in Florida small claims court?
Sources
- Fla. Sm. Cl. R. 7.010(b); Fla. Stat. § 34.041(1)(a) (fees): small claims jurisdiction and procedure
- Florida small claims: official court self-help
- Fla. Stat. § 95.11(2)(b): written contract limitation period
- Fla. Stat. § 95.11(3)(j): oral contract limitation period
- Fla. Stat. § 95.11(5)(a); § 95.11(3)(g): property damage limitation period