Florida Small Claims Forms

Florida Small Claims Court FAQ

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about Florida Small Claims Forms

  • How to start a small claims case in Florida?

    To start a small claims case in Florida, you first need to gather your Florida Small Claims Forms. These forms include the Statement of Claim, which outlines your case details. Next, you must file these forms with the appropriate county court. Once filed, make sure to serve the defendant with a copy of the forms, providing them with the necessary notification to respond.

  • What are the limitations for small claims court in Florida?

    In Florida, small claims court handles disputes with monetary limits typically set at $8,000 or less, excluding interest and costs. This limit allows individuals to resolve smaller issues without extensive legal proceedings. When preparing your case, using the Florida Small Claims Forms is highly beneficial as they are specifically designed to meet the court's requirements. These forms simplify the process, enabling you to present your case effectively.

  • How long do you have to sue someone in small claims court in Florida?

    You have a specific timeframe to sue someone in Florida's small claims court, usually within five years, depending on the type of dispute. This timeline helps maintain order in the legal process, encouraging timely resolutions. Be sure to utilize the Florida Small Claims Forms, which streamline the suing process and ensure that you meet all necessary legal standards. These forms guide you in properly presenting your case to the court.

  • How long do I have to file a small claims suit in Florida?

    In Florida, you typically have up to five years to file a small claims suit, depending on the nature of the claim. It's crucial to initiate your claim promptly, as delays may impact your chances of success. The Florida Small Claims Forms are essential for meeting the requirements set by the court. By using these forms, you ensure that you submit your claim correctly and efficiently.

  • How long do I have to file small claims in Florida?

    As stated, you generally have five years to file a small claim in Florida, but it is crucial to check the specifics of your situation. Certain claims may have shorter time frames, such as those related to credit card debts or lease agreements. Therefore, reviewing the details associated with your claim and having the correct Florida Small Claims Forms ready will help you meet the deadlines effectively.

  • Can I file small claims online in Florida?

    Yes, you can file small claims online in Florida, making the process more convenient. Many counties support electronic filing, allowing you to submit your Florida Small Claims Forms digitally. This method saves you time and effort compared to traditional paper filing. However, ensure you follow your local court's guidelines for online submissions.

  • What can you not sue for in small claims court?

    In small claims court, you cannot sue for certain types of cases such as divorce, child custody, or defamation. These matters typically require more complex legal procedures and are not suitable for the small claims process. Additionally, you cannot file a claim for amounts exceeding the state limit, which is currently $8,000. Always ensure you have the right Florida Small Claims Forms for your specific case.

  • How do I defend myself in small claims court?

    Defending yourself in small claims court involves understanding the claims against you, gathering your evidence, and preparing your arguments. Use Florida Small Claims Forms to help structure your defense logically and effectively. Stay focused on the facts, and be ready to challenge the plaintiff’s assertions professionally. Present your case clearly to reinforce your position and increase the likelihood of a favorable outcome.

  • How hard is it to represent yourself in court?

    The difficulty of representing yourself in court can vary based on your familiarity with legal processes and the nature of your case. While many find it manageable when using resources like Florida Small Claims Forms, others may struggle without legal counsel. Preparing thoroughly and understanding the court's expectations are crucial for success. Consider seeking guidance if you feel unsure at any stage.

  • What to say in court when representing yourself?

    When representing yourself in court, it's important to state your case clearly and confidently. Begin with a brief introduction, present the facts of your case using Florida Small Claims Forms as your guide, and explain how the evidence backs your claims. Don't forget to address the judge respectfully and keep your statements focused, remembering to stay calm and collected throughout.