How to sue someone in small claims court in Florida
If someone owes you money in Florida and will not pay, small claims court is built for people without lawyers. This free guide walks through where to file, how to name the right party, what it costs, how the papers get served, what wins a hearing, and how to actually collect the money afterward.
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The Florida action plan includes a filing checklist, an evidence log, a fee waiver worksheet, and hearing prep you can bring to court.
Where to file a small claims case in Florida
Small claims cases in Florida are heard in Florida County Court (Small Claims Rules). Which specific courthouse you use normally depends on where the person or business you are suing lives or does business, or where the events behind the dispute happened. Filing in the wrong location is one of the most common reasons a case is delayed or dismissed, so confirm the correct courthouse with the clerk before you pay anything.
Every state sets its own dollar limit for small claims, its own filing fees, and its own deadlines. Those numbers change, so we do not publish them here — call the clerk or check your state's official court website and write the current figures down before you file.
- Expect a pretrial conference first — attendance is mandatory and missing it can end your case.
- Judges commonly refer cases to mediation at the pretrial conference, and many settle there.
- You must file in the county where the defendant lives, where the events happened, or where the contract was signed.
- Ask the clerk about the Application for Determination of Civil Indigent Status if you cannot afford the fees.
Who you can sue, and naming them correctly
You must sue the legal entity that actually owes you the money. That might be an individual, a sole proprietor operating under a business name, an LLC, or a corporation. Getting the name wrong can cost you the case even when you are clearly right on the facts.
Your state's business registry and the county fictitious-business-name records are usually free to search and will give you the exact legal name and an address where the papers can be delivered.
- Individuals: full legal name and a current address where they can be served
- Businesses: the registered legal name, not the sign on the door
- Landlords, contractors and dealers: check whether a license bond also applies
Send a written demand before you file
Most courts expect you to have asked for the money first. A short, dated letter stating the amount, why it is owed, and a deadline to pay does two things: it sometimes ends the dispute without a hearing, and it becomes evidence that you acted reasonably. Send it with tracking and keep the receipt.
Filing fees and fee waivers in Florida
Filing fees usually scale with the amount you are claiming, and serving the papers costs extra. If money is the reason you have not filed yet, ask the clerk for the fee waiver application. Waivers are typically based on income, receiving public benefits, or hardship, and they can cover filing, service, and later collection costs.
Serving the papers the right way
Service is how the other side legally learns about the case, and courts are strict about it. Depending on your court, service may be done by the sheriff, a professional process server, or certified mail handled by the clerk. You cannot normally hand the papers over yourself. Proof of service must be filed before your hearing or the case will not go forward.
Winning the hearing
Small claims hearings are short — often under fifteen minutes. Judges decide on documents and clear testimony: the contract, the invoice, the payment records, the texts, the photos, the repair estimate. Bring three copies of everything, put them in order, and be able to explain in two minutes what happened, what you lost, and how you calculated the amount.
Getting paid after you win
A judgment is a court order, not a check. If the other side does not pay voluntarily, you enforce it yourself using tools such as a debtor's examination, wage garnishment, a bank levy, or a lien recorded against property. Each has its own forms, fees, and waiting periods, and some income is legally protected from collection. Ask the clerk which enforcement procedures your court uses.
Official Florida sources to check
Dollar limits, filing fees, deadlines, and form numbers change. Always confirm them with the court itself:
- USA.gov — official state court directoryFind your state's official court website.
- LawHelp.org — free legal help by stateFree and low-cost legal aid and self-help centers near you.