Welcome to The Small Claims Corner
Thank you for visiting the Small Claims Corner at the Simpson Cannon Law Firm. We have compiled helpful links and information for you if you are thinking about filing a small claims case in South Florida.
When you can’t use small claims court:
In Florida, your small claim court case cannot exceed a value of $8,000, excluding costs, interest, and attorney’s fees.
If your dispute involves an amount over $8,000 and you still choose to file a small claims case, your damages award will be limited to $8,000.
If your claim falls outside the statute of limitations, you cannot bring a lawsuit at all, not even in small claims court. (link instead to the blog/ webpage we did on statute of limitations).
If you are under 18 years old.
Small claims courts do not hear bankruptcy or family law cases.
Examples of Small Claims Cases:
Landlord/tenant disputes
Breach of contract
Return of a pet
Collection of debt
Property damage
Some Legal Terms You May Hear in Small Claims Court and What They Mean:
Plaintiff: the individual or business that initiates the lawsuit seeking affirmative relief
Defendant: the person or entity being sued and against whom the relief is sought
Summons: a legal document which notifies an individual or entity that legal action has been taken against them and it is mandatory that they appear in court on a specific day and time
Statement of Claim: a legal document written by the plaintiff which describes what the lawsuit is about, what the affirmative relief is that the plaintiff is seeking, and why the plaintiff is entitled to it
Mediation: an alternative method to resolve disputes instead of a trial
Counterclaim: an action filed by the defendant against the plaintiff seeking affirmative relief in the same lawsuit
Final Judgment: the final order from the Court describing the outcome of a lawsuit
Important Things You Should Know
Florida has established separate rules of court procedure just for small claims. You can access them here:
There are helpful forms included at the end.
Florida Courts has its own self-help page for small claims. You can access it here:
Additionally, most Florida counties have a self-help section on their websites with documents tailored to their jurisdiction.
Mediation is often used to try to resolve a small claims case without having a trial. Mediators are court appointed and are provided free of charge. During this process, both parties will meet with a mediator who listens to both sides. Then, the mediator uses the facts of the case to try to get the parties to reach a settlement. The mediator does not issue a ruling. It is the parties’ decision whether to agree to a settlement.
Court filing fees range from $55 to $300 depending on the amount you are suing for, plus additional costs and fees. For additional information on filing fees read this blog.
The small claims process in Florida is designed for parties to represent themselves. However, you may decide to hire an attorney to increase your advantage in a small claims case. It is always a good idea to consult an attorney prior to the filing of a small claims case, and you can consult an attorney at any time during the small claims process.
To start your claim, visit the corresponding county’s website.
Palm Beach County
Broward County
Miami-Dade
St. Lucie County
Also see: Statement of Claim Packet
