How to File a Small Claims Suit in Florida

The small claims court in Florida provides a cost-effective way to resolve civil disputes for amounts less than $5,000. Common cases include property and contract disputes.

Things You'll Need

• Correct name and address of the defendant

Instructions

File a Suit in Small Claims Court

1. Visit the Nolo Web site for information on consumer disputes and what rights you have (see Resources below). While the information is general, it can help you decide whether you want to file in small claims court.

2. Speak to an attorney before you file your small claims suit. In Florida, your attorney may defend you in court, and he or she can also help prepare paperwork and gather evidence. If you do not know an attorney, call the Florida Bar Association at [phone] or visit the Web site (see Resources below).

3. Try to collect the claim before you file suit and provide written documentation of your collection efforts when you file the paperwork. In exchange for you dismissing the case, the defendant may also choose to pay a settlement after the paperwork is filed and before the court date.

4. Collect all evidence of your claim including contracts, leases, canceled checks, receipts, photographs and witness testimony. A copy of all written documents pertaining to the case must be attached to the claim when you file it.

5. Visit the county clerk's office in the county where the defendant lives, where the property is located or where the dispute occurred. If you file in the wrong county, the defendant may request to move the trial.

6. Complete a Statement of Claim. If your lawyer did not prepare the statement for you, a deputy clerk will assist you in preparing the Statement of Claim and any other necessary forms.

7. Serve the defendant with the Statement of Claim. The clerk can mail the statement and a notice to appear for a small fee, or you can choose to have the sheriff's department personally serve the paperwork.

Tips & Warnings

• The $5,000 limit in Florida does not include court costs, interest or attorney fees, which you may ask the judge to have the defendant reimburse if you win your case.

• Even if you win your case, you may have to hire an attorney or go through more court proceedings to collect your claim.