Small Claims Court in Florida: How It Works
Updated 2026-10-06
Small claims court is built for smaller money disputes, and it is designed so people can represent themselves. People in Florida, including those in Miami, often consider it after an unpaid invoice, a security deposit that is not returned, or a contractor who leaves a job unfinished. This guide explains how the process generally works and what to prepare. It does not tell you whether to sue in your situation.
What the court handles
Florida small claims cases are heard in county court. Each case has a dollar limit set by Florida law, and that limit can change, so confirm the current figure with the clerk before you file. Typical cases involve unpaid debts, property damage, deposits, and breaches of simple agreements. Family matters, criminal cases, and many injury claims belong in other courts. The clerk can confirm whether your claim fits.
Send a demand letter first
Many disputes end after a clear written demand. Put in the letter the amount you believe is owed, the agreement or event behind it, and a reasonable deadline to pay. Send it in a way that leaves proof, and keep a copy. Some courts also offer mediation, a voluntary process in which a neutral person helps both sides discuss a compromise. Ask the clerk whether it is available before the hearing.
Pick the right county and check the deadline
A small claims case is generally filed in the county where the defendant lives or where the dispute happened. For a Miami matter, that usually means the county court for Miami-Dade County. Florida sets statutory deadlines for civil claims, and they differ by claim type. Waiting too long can cost you the right to sue, even if the debt is real. Ask the clerk which deadline applies and what the filing fee is.
Organize your proof
Bring the documents that support your claim: contracts, invoices, receipts, photos, texts and emails, bank records, and letters between you and the other party. Put them in date order. Then write a one-page summary of what was agreed, what happened, what you were paid, what is still owed, and how you calculated the amount. A short, clear timeline usually helps a judge more than a long narrative.
Serving the other party
The person you sue must be formally notified, which is called service. The rules on who may serve papers and how they must be served are specific, and an error can delay the case. Ask the clerk which methods your county accepts, and keep proof of service.
At the hearing
Each side usually explains the dispute and shows its evidence. The judge may ask questions and may decide the case that day or later in writing. Arrive early, bring extra copies, and stick to facts. Clerks can explain procedures, but they cannot give legal advice.
When a lawyer may help
A lawyer may be useful if the amount is significant, the facts are complicated, the other side has counsel, or a counterclaim is possible. A consultation can also help you decide whether small claims is the right forum. Confirm that any lawyer you consider is licensed through The Florida Bar, and ask how fees are handled, including whether a flat fee for a limited review is available.
Free and low-cost help
FloridaLawHelp.org is a legal information site with guides on housing, debt, and consumer problems, and it links to local resources. It is not a court. It also warns that it will not contact you directly about your legal issue, so be cautious with unsolicited messages. The USAGov legal aid page lists other programs. Small claims is a state court matter, not a federal one. The U.S. Courts website describes the federal court system if you want to compare the two.
Related: business disputes and lawyers in Miami.
Frequently asked questions
Do I need a lawyer to file in small claims court?
No. The court is designed for people to represent themselves. A lawyer may still help with a consultation or a review of the paperwork.
What if I win and the other side does not pay?
A judgment does not always lead to payment. Florida has collection steps that can be technical, so ask a lawyer or the clerk what happens after a judgment before you file.
Can I sue someone who lives in another state?
It may be possible, but jurisdiction and service rules can be complicated. Ask the clerk or a lawyer before you file.
This page is general information, not legal advice. Laws change and every case is different — talk to a licensed Florida attorney about your situation.