SMALL CLAIMS COMPLAINT

(a/k/a “Statement of Claim” Under the Florida Small Claims Rules)

IN THE COUNTY COURT, SMALL CLAIMS DIVISION
IN AND FOR [COUNTY] COUNTY, FLORIDA
Case No.: ____

[PLAINTIFF NAME],
Plaintiff,

v.

[DEFENDANT NAME],
Defendant.

[// GUIDANCE: Florida small-claims pleadings are intended to be simple and concise.
This template adds optional “contract-style” organizational headings requested by the client.
Practitioners may omit or streamline any section that is unnecessary for a particular claim.]

I. DOCUMENT HEADER

1. Effective Filing Date. This Complaint is deemed filed on the date stamped by the Clerk of Court.
2. Jurisdiction & Governing Law. This action is governed exclusively by the laws of the State of Florida and the Florida Small Claims Rules.
3. Monetary Limit Certification. Plaintiff certifies the amount in controversy does not exceed $8,000, exclusive of interest, costs, and any allowable attorney’s fees, thereby qualifying for the small claims division.
4. Forum Selection. Venue is proper in [COUNTY] County because (check all that apply):
   a. ___ Defendant resides in this county;
   b. ___ The cause of action accrued in this county;
   c. ___ The subject property is located in this county.

II. DEFINITIONS

For clarity and ease of reference, the following defined terms are used herein:

1. “Plaintiff” means [PLAINTIFF NAME], an individual with a principal address at [ADDRESS].
2. “Defendant” means [DEFENDANT NAME], an individual (or entity) with a principal address at [ADDRESS].
3. “Claim Amount” means the sum of $[AMOUNT], exclusive of interest, costs, and statutory fees.
4. “Contract” means the written or oral agreement dated [DATE] forming the basis of this action, if any.
5. “Goods/Services” means the goods sold or services rendered by Plaintiff to Defendant, as further described below.

III. OPERATIVE PROVISIONS

1. Parties.
   a. Plaintiff is sui juris and over the age of 18.
   b. Defendant is sui juris (or a duly registered business entity) and subject to this Court’s jurisdiction.

2. Statement of Facts.
   a. On or about [DATE], Plaintiff and Defendant entered into the Contract whereby Plaintiff agreed to provide the Goods/Services to Defendant.
   b. Plaintiff fully performed all obligations, conditions, and covenants required under the Contract.
   c. Defendant accepted the Goods/Services without objection.
   d. Despite demand, Defendant has failed to pay the Claim Amount.

3. Conditions Precedent. All conditions precedent to the filing of this action have occurred, been performed, or been waived.

4. Pre-Suit Demand. On [DATE], Plaintiff delivered a written demand for payment to Defendant, allowing not fewer than 30 days for cure. Defendant did not cure.

IV. REPRESENTATIONS & WARRANTIES (ALLEGATIONS)

1. Plaintiff alleges that Defendant expressly and/or impliedly warranted it would timely pay for the Goods/Services.
2. Plaintiff relied upon Defendant’s representations of payment in extending credit or continuing performance.
3. Defendant’s breach of the foregoing representations directly caused Plaintiff’s damages in the Claim Amount.

V. COVENANTS & RESTRICTIONS

(Not applicable—no continuing covenants are asserted. Reserved for future amendment if necessary.)

VI. DEFAULT & REMEDIES

1. Event of Default. Defendant’s non-payment constitutes an Event of Default.
2. Relief Requested. Plaintiff seeks:
   a. Judgment against Defendant, jointly and severally if more than one defendant, in the principal sum of $[AMOUNT];
   b. Pre- and post-judgment interest as permitted by Florida law;
   c. Court costs and any attorney’s fees recoverable under an applicable statute or written agreement; and
   d. Such other and further relief as the Court deems just and proper.

VII. RISK ALLOCATION

1. Limitation of Liability. Consistent with the Small Claims monetary limit, recovery shall not exceed $8,000 exclusive of interest, costs, and statutory fees.
2. Force Majeure. No force majeure defense is available to Defendant because the obligation is the payment of money, which is not excused under Florida law.

VIII. DISPUTE RESOLUTION

1. Governing Law. Florida substantive and procedural law governs this action.
2. Forum Selection. The exclusive forum is the County Court, Small Claims Division, in and for [COUNTY] County, Florida.
3. Arbitration. Not applicable—Florida Small Claims rules do not mandate arbitration.
4. Jury Trial Waiver. Jury trial is unavailable unless each party files a written demand at least five (5) days prior to trial and deposits the requisite jury fee; Plaintiff does not demand a jury trial at this time.

IX. GENERAL PROVISIONS

1. Amendment & Waiver. This Complaint may be amended in accordance with the Florida Small Claims Rules.
2. Integration. This pleading supersedes all prior informal demands and communications concerning the Claim Amount.
3. Severability. If any allegation is found legally insufficient, the remaining allegations shall survive to the fullest extent permitted by law.
4. Notice of Appeal Rights. A final judgment in this action may be appealed by any aggrieved party to the appropriate Circuit Court within thirty (30) days of rendition of the judgment, pursuant to the Florida Rules of Appellate Procedure.

X. EXECUTION & VERIFICATION

Under penalties of perjury, I declare that I have read the foregoing Complaint and that the facts stated in it are true and correct to the best of my knowledge and belief.

text
DATED: ___, 20_.

[PLAINTIFF NAME], Plaintiff
[PLAINTIFF ADDRESS]
[PLAINTIFF PHONE] | [PLAINTIFF EMAIL]

STATE OF FLORIDA )
) SS:
COUNTY OF [COUNTY] )

Sworn to (or affirmed) and subscribed before me this ___ day of _, 20, by _____ (name of Plaintiff), who ___ is personally known to me or ___ produced ____ as identification.

Notary Public, State of Florida
Print Name: ____
My Commission Expires: ____
[// GUIDANCE:
1. Remove the notary block if you opt not to verify—verification is recommended but not strictly required for most money-due counts.
2. For corporate plaintiffs, add a signature line for an authorized officer and include a corporate authority statement.
3. Attach any written contract, invoice, or account statement as “Exhibit A” and reference it in Section III(2)(a).]

END OF COMPLAINT