Small Claims Court

[USAG24]

How Small Claims Court Works You, the plaintiff, must file a "Statement of Claim" form, available at your Clerk's office. This must be fully completed and signed to receive a pre-trial conference date. If your claim is based upon written documentation, attach a copy of the contract to the Statement of Claim form. You may file by mail or in person.

Who can file a small claims case?

• Anyone 18 years of age or older
• A parent or guardian for anyone under 18 years of age
• Anyone having a claim not exceeding $5,000

What happens after the filing of a small claims case?
Each person or business being sued must be served with a Summons or Notice to appear in court on the date and time shown on the summons or notice. This court date will be a pre-trial conference and parties should be prepared to present their case in court.

What is a pre-trial conference?
A pre-trial conference is an informal process to determine if there is a cause of action. If so, the court will refer the case to mediation. A trained mediator will try to negotiate a settlement before the case goes to trial. If the dispute is settled, it goes to the judge for approval without delay. If the dispute remains unsettled, a trial date will be set by the court. If you cannot be present at the pre-trial conference an attorney may represent you, a continuance may be arranged between both parties, a motion for continuance may be filed with the court.

What happens if a dispute goes to trial?
If a small claims dispute goes to trial, the court will schedule a trial date and the parties must appear at the trial with all witnesses and documentation. At the trial, both parties will have an opportunity to explain the case to the judge. Witnesses will also have a chance to testify.

Small Claims Filing Fees
Filing fees vary depending on the amount of the claim requested and are subject to annual change by legislative action. Please note: the fees are non-refundable but may be recovered later through the defendant.

Claims less than $100: $55
Claims from $101 - $500: $80
Claims from $501 - $2,500: $155
Claims more than $2,501: $255

Check Your Records
Your court and official records document your life. But they also may contain confidential information you don't realize is available. Did you know a divorce decree might list your bank account or credit card numbers? And property ownership documents may have your social security number embedded into a file number?
That's why it's a good practice to check your court records and official records just like you check your monthly bank statement or credit card bill. Your Clerk of Court can help - at no cost to you. Here's how to get started… more

1. Search your records online from this Web site or at a terminal in your local Clerk of Court's office. Remember to search all your records (click here for a list of the most common records… ie. deeds, leases, bills of sale, agreements, mortgages, judgments, claims of lien, satisfactions, certificates of discharge from military service, marriage certificate, divorce decrees.)
2. Identify confidential information that Florida law allows you to have "redacted" or blacked out from the record (Social Security numbers, bank account numbers, credit, debit and charge card numbers.)
3. Request redaction in writing. Be sure to specify the document and page number that contains the identifying number to be redacted. Send the request by mail, fax, email or in person to the County Recorder in the Office of the Clerk or County Comptroller.