Small Claims Petition - Florida
SMALL CLAIMS PETITION
COUNTY COURT, SMALL CLAIMS DIVISION — STATE OF FLORIDA
FILING INSTRUCTIONS AND OVERVIEW
Court: County Court, Small Claims Division
Governing Rules: Florida Small Claims Rules 7.010-7.370; Fla. Stat. § 34.01
Jurisdictional Limit: $8,000 (exclusive of interest, costs, and attorney's fees)
Attorney Representation: Permitted — any party may appear with or without an attorney
Mandatory Pretrial Conference: Yes — required under Fla. Sm. Cl. R. 7.090
Mandatory Mediation: Yes — required at or after pretrial conference under Fla. Stat. § 44.102
KEY FLORIDA DISTINCTIONS:
- Pretrial conference is mandatory — the court schedules this automatically after filing; both parties must attend
- Court-ordered mediation is required in virtually all small claims cases, often conducted at the pretrial conference
- Attorneys are permitted at all stages, including the hearing
- Jury trial available upon demand by either party
- Filing requires a Statement of Claim — many counties have their own form
PART I — COURT IDENTIFICATION AND CAPTION
IN THE COUNTY COURT IN AND FOR [________________________________] COUNTY, FLORIDA
SMALL CLAIMS DIVISION
| Case No.: | [________________________________] |
| Division: | [________________________________] |
| [________________________________] | |
| Plaintiff, | |
| v. | STATEMENT OF CLAIM |
| [________________________________] | |
| Defendant. |
PLAINTIFF INFORMATION
| Field | Information |
|---|---|
| Full Legal Name: | [________________________________] |
| Street Address: | [________________________________] |
| City, State, ZIP: | [________________________________] |
| County of Residence: | [________________________________] |
| Telephone: | [________________________________] |
| Email Address: | [________________________________] |
| Florida Bar No. (if attorney): | [________________________________] |
If Plaintiff is a business entity:
| Field | Information |
|---|---|
| Business Name: | [________________________________] |
| Type of Entity: | ☐ Corporation ☐ LLC ☐ Partnership ☐ Sole Proprietorship |
| State of Organization: | [________________________________] |
| Registered Agent: | [________________________________] |
| Principal Business Address: | [________________________________] |
| Florida Sunbiz Registration No.: | [________________________________] |
DEFENDANT INFORMATION
Defendant #1:
| Field | Information |
|---|---|
| Full Legal Name: | [________________________________] |
| Street Address: | [________________________________] |
| City, State, ZIP: | [________________________________] |
| County (if known): | [________________________________] |
| Telephone (if known): | [________________________________] |
| Email Address (if known): | [________________________________] |
Defendant #2 (if applicable):
| Field | Information |
|---|---|
| Full Legal Name: | [________________________________] |
| Street Address: | [________________________________] |
| City, State, ZIP: | [________________________________] |
Note: If suing a business, verify the correct legal name and registered agent through the Florida Division of Corporations (Sunbiz): https://dos.fl.gov/sunbiz/
AMOUNT CLAIMED: $[________________________________] (not exceeding $8,000 exclusive of interest, costs, and attorney's fees)
PART II — JURISDICTIONAL STATEMENT
-
This Court has jurisdiction over this action pursuant to Fla. Stat. § 34.01 and the Florida Small Claims Rules because the matter in controversy, exclusive of interest, costs, and attorney's fees, does not exceed $8,000.
-
The Plaintiff has the legal capacity to bring this action in the State of Florida.
-
The Defendant is subject to the jurisdiction of this Court.
-
The total amount in controversy is $[________________________________], exclusive of interest, costs, and attorney's fees.
-
This action is properly brought under the Florida Small Claims Rules 7.010-7.370.
PART III — VENUE
Venue is proper in [________________________________] County, Florida, pursuant to Fla. Stat. § 47.011 et seq. because (check all that apply):
☐ The Defendant resides in this county (§ 47.011)
☐ The cause of action accrued in this county (§ 47.011)
☐ The property that is the subject of this action is located in this county (§ 47.011)
☐ The contract that is the subject of this action was to be performed in this county
☐ The Defendant operates, conducts, engages in, or carries on a business or business venture in this county (§ 47.051)
☐ The Defendant has an agent or agents engaged in the transaction of its customary business in this county
☐ The Defendant committed a tortious act in this county (§ 47.051)
☐ Venue is proper under the parties' contractual agreement
Specific basis for venue: [________________________________]
PART IV — NATURE OF CLAIM
Select the type(s) of claim (check all that apply):
☐ Breach of Contract — Defendant failed to perform obligations under a written or oral agreement
☐ Defective Goods or Services — Goods or services provided were defective, substandard, or not as represented
☐ Security Deposit Dispute — Landlord failed to return security deposit or improperly withheld portions (Fla. Stat. § 83.49)
☐ Property Damage — Defendant caused damage to Plaintiff's real or personal property
☐ Auto Repair Dispute — Vehicle repair was defective, unauthorized, or overcharged (Fla. Stat. § 559.901 et seq., Motor Vehicle Repair Act)
☐ Home Improvement Dispute — Contractor failed to perform, performed defectively, or abandoned the project
☐ Consumer Fraud / Deceptive and Unfair Trade Practices — Defendant engaged in deceptive or unfair practices (Fla. Stat. § 501.201 et seq., Florida Deceptive and Unfair Trade Practices Act — FDUTPA)
☐ Debt Collection Violation — Defendant violated the FDCPA (15 U.S.C. § 1692 et seq.) or Florida Consumer Collection Practices Act (Fla. Stat. § 559.55 et seq.)
☐ Return of Personal Property — Defendant wrongfully retains Plaintiff's personal property
☐ Bad Check / Worthless Check — Defendant issued a worthless check (Fla. Stat. § 68.065)
☐ Insurance Claim Dispute — Insurance company failed to pay a valid claim
☐ Unpaid Wages — Employer failed to pay wages owed
☐ Lemon Law — Vehicle qualifies under the Florida Lemon Law (Fla. Stat. § 681.10 et seq.)
☐ Other: [________________________________]
PART V — STATEMENT OF FACTS
A. Background and Relationship Between the Parties
On or about [__/__/____], the Plaintiff and Defendant entered into the following relationship or transaction:
[________________________________]
[________________________________]
[________________________________]
B. Detailed Description of Events
Date: [__/__/____]
[________________________________]
[________________________________]
Date: [__/__/____]
[________________________________]
[________________________________]
Date: [__/__/____]
[________________________________]
[________________________________]
Date: [__/__/____]
[________________________________]
[________________________________]
Date: [__/__/____]
[________________________________]
[________________________________]
C. Defendant's Breach or Wrongful Conduct
The Defendant breached the agreement, violated applicable law, and/or engaged in wrongful conduct by:
- [________________________________]
- [________________________________]
- [________________________________]
- [________________________________]
D. Harm Suffered by Plaintiff
As a direct and proximate result of Defendant's conduct, Plaintiff suffered the following harm:
- [________________________________]
- [________________________________]
- [________________________________]
PART VI — DAMAGES CALCULATION
A. Itemized Damages
| Category | Description | Amount |
|---|---|---|
| Actual/Direct Damages | [________________________________] | $[____] |
| Consequential Damages | [________________________________] | $[____] |
| Incidental Damages | [________________________________] | $[____] |
| Statutory Damages (if applicable) | [________________________________] | $[____] |
| Replacement/Repair Costs | [________________________________] | $[____] |
| Lost Wages/Income | [________________________________] | $[____] |
| Other Out-of-Pocket Expenses | [________________________________] | $[____] |
| SUBTOTAL | $[____] | |
| Less: Credits/Payments Received | [________________________________] | ($[____]) |
| TOTAL DAMAGES CLAIMED | $[____] |
LIMIT CHECK: The total claim amount cannot exceed $8,000 exclusive of interest, costs, and attorney's fees. If your damages exceed $8,000, you must either (a) waive the excess and limit your claim to $8,000, or (b) file in County Civil Court (claims up to $50,000) or Circuit Court (claims over $50,000).
B. Statutory Damages Available (Florida-Specific)
| Statute | Provision | Potential Recovery |
|---|---|---|
| Fla. Stat. § 83.49 | Security deposit bad faith retention | Full deposit + attorney's fees |
| Fla. Stat. § 68.065 | Worthless check | Treble damages (3x face amount, up to $500) |
| Fla. Stat. § 501.211 | FDUTPA violation | Actual damages + attorney's fees + declaratory/injunctive relief |
| Fla. Stat. § 559.72 | Consumer collection practices | Actual damages + statutory damages + attorney's fees |
| Fla. Stat. § 95.03 | Pre-judgment interest | As computed under statutory provisions |
C. Interest
Florida pre-judgment interest: The rate is published quarterly by the Florida CFO's office. The current rate is approximately [____]% per annum. Check: https://www.myfloridacfo.com/division/aa/judgmentinterestrate.htm
Interest accrues from:
☐ The date of breach: [__/__/____]
☐ The date of demand: [__/__/____]
☐ The date of loss: [__/__/____]
☐ Other: [________________________________]
D. Attorney's Fees
☐ Attorney's fees are sought under:
☐ Contract provision: [________________________________]
☐ Fla. Stat. § 501.2105 (FDUTPA)
☐ Fla. Stat. § 83.49 (Security deposit)
☐ Fla. Stat. § 57.105 (Frivolous claims — if applicable to counterclaim)
☐ Other statutory basis: [________________________________]
Note: Florida follows the "American Rule" — each party pays their own attorney's fees unless a statute or contract provides otherwise. If a contract has a one-sided attorney's fee provision, Fla. Stat. § 57.105(7) makes it reciprocal.
PART VII — RELIEF REQUESTED
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendant as follows:
- Actual damages in the amount of $[________________________________]
- Statutory damages in the amount of $[________________________________] (if applicable)
- Pre-judgment interest at the applicable statutory rate from [__/__/____]
- Attorney's fees in the amount of $[________________________________] (if recoverable under statute or contract)
- Court costs, including filing fees and service costs
- Post-judgment interest at the statutory rate
- Such other and further relief as this Court deems just and equitable
PART VIII — PRIOR DEMAND AND RESOLUTION ATTEMPTS
A. Demand History
☐ Written demand letter sent to Defendant on [__/__/____] via:
☐ Certified mail, return receipt requested
☐ Regular first-class mail
☐ Email to: [________________________________]
☐ Hand delivery
☐ Demand amount: $[________________________________]
☐ Response deadline given: [__/__/____]
☐ Defendant's response:
☐ No response received
☐ Defendant refused to pay
☐ Defendant disputed the claim — reason: [________________________________]
☐ Defendant offered partial payment of $[____] which was ☐ accepted ☐ rejected
☐ Other: [________________________________]
B. Statutory Pre-Suit Demand (Where Required)
Security Deposit Claims (Fla. Stat. § 83.49(3)):
☐ Landlord sent notice of intent to impose claim on deposit on [__/__/____]
☐ Tenant objected within 15 days on [__/__/____]
☐ Landlord failed to send required notice — deposit must be returned in full
FDUTPA Claims (Fla. Stat. § 501.211(1)):
☐ Pre-suit demand letter sent in accordance with FDUTPA requirements
C. Other Resolution Attempts
☐ Telephone conversation(s) with Defendant on [__/__/____]
☐ In-person meeting on [__/__/____]
☐ Mediation attempted on [__/__/____] — result: [________________________________]
☐ Complaint filed with Florida Attorney General on [__/__/____]
☐ Complaint filed with Florida DBPR (Department of Business and Professional Regulation) on [__/__/____]
☐ Complaint filed with BBB on [__/__/____]
☐ Other: [________________________________]
PART IX — EVIDENCE CHECKLIST
Contracts and Agreements
☐ Written contract(s) or agreement(s)
☐ Purchase orders, invoices, or receipts
☐ Warranty or guarantee documents
☐ Lease or rental agreement
☐ Work orders or service agreements
☐ Estimates, bids, or proposals
☐ Insurance policy documents
Communications
☐ Demand letter(s) and proof of mailing/delivery
☐ Email correspondence (printed with headers)
☐ Text messages (printed with dates and phone numbers)
☐ Letters or written communications
☐ Notes of telephone conversations
Financial Records
☐ Bank statements showing payments
☐ Canceled checks (front and back)
☐ Credit/debit card statements
☐ PayPal/Venmo/Zelle records
☐ Repair estimates from multiple sources
☐ Receipts for replacement goods/services
Photographs and Physical Evidence
☐ Photographs of damaged property (dated)
☐ Photographs of defective goods
☐ Before/after photographs
☐ Video recordings
☐ Physical evidence (damaged items)
Third-Party Documentation
☐ Expert opinions or appraisals
☐ Inspection reports
☐ Police reports or incident reports
☐ Government agency complaints (AG, DBPR)
☐ Licensed contractor verification (DBPR search)
☐ Sunbiz business entity search results
Witness Information
☐ Witness #1: [________________________________] — Testimony: [________________________________]
☐ Witness #2: [________________________________] — Testimony: [________________________________]
☐ Witness #3: [________________________________] — Testimony: [________________________________]
Timeline
☐ Prepared chronological summary of all key events with supporting documents
PART X — FILING INSTRUCTIONS — FLORIDA SMALL CLAIMS COURT
Step 1: Determine the Correct Court
File in the County Court, Small Claims Division for the county where venue is proper (see Part III above). Florida has 67 counties, each with a County Court.
Step 2: Obtain Required Forms
- Check your county Clerk of Court website for local Statement of Claim forms
- Many Florida counties have their own specific small claims forms
- Some counties offer pre-printed Statement of Claim forms at the Clerk's office
- Florida Courts Self-Help: https://help.flcourts.gov/Other-Resources/Small-Claims
Step 3: Filing Fees (Fla. Stat. § 34.041)
| Claim Amount | Approximate Filing Fee |
|---|---|
| $100 or less | $55 |
| $101 to $500 | $80 |
| $501 to $2,500 | $175 |
| $2,501 to $8,000 | $300 |
- Additional fees: approximately $10 per summons for each defendant
- Fees vary slightly by county — confirm with your local Clerk of Court
- If you cannot afford the fee, file an Application for Determination of Civil Indigency under Fla. Stat. § 57.081
Step 4: File the Statement of Claim
In-Person Filing:
- Bring the original Statement of Claim plus copies for each defendant and one for your records
- The Clerk assigns a case number and schedules the pretrial conference (not less than 20 days from filing)
- Pay filing fees and service fees at the time of filing
Online E-Filing:
- Florida requires e-filing for attorneys and permits e-filing for self-represented parties through the Florida Courts E-Filing Portal: https://www.myflcourtaccess.com
- Register, upload documents, and pay fees online
Step 5: Serve the Defendant
- See Part XI below for service requirements
PART XI — SERVICE OF PROCESS REQUIREMENTS
Methods of Service (Fla. Sm. Cl. R. 7.070; Fla. Stat. § 48)
Option 1: Service by Sheriff (Most Common)
☐ The County Sheriff's office serves the summons and Statement of Claim on the Defendant
☐ Fee: approximately $40 per defendant (varies by county)
☐ Request service at the time of filing — the Clerk typically coordinates with the Sheriff
☐ Personal service on the Defendant or a person of suitable age and discretion at the Defendant's residence
Option 2: Service by Certified Process Server
☐ Hire a certified process server — must be certified by the Chief Judge of the circuit under Fla. Stat. § 48.27
☐ Cost: typically $40-$100 per defendant
☐ Must file an affidavit of service with the Court
Option 3: Service by Certified Mail (Limited)
☐ Certified mail, return receipt requested, may be used for service within Florida
☐ Service is complete only when the Defendant signs the return receipt
☐ Not available for all types of claims — check local rules
Option 4: Service on Business Entities
☐ Corporation: Serve the registered agent, officer, or managing agent (Fla. Stat. § 48.081)
☐ LLC: Serve the registered agent, member, or manager (Fla. Stat. § 48.062)
☐ Partnership: Serve any partner (Fla. Stat. § 48.061)
☐ Verify registered agent through Sunbiz: https://dos.fl.gov/sunbiz/
Constructive Service (if Defendant Cannot Be Located)
- If the Defendant cannot be personally served after diligent search, file a Motion for Service by Publication with an Affidavit of Diligent Search and Inquiry
- Publication must be in a newspaper of general circulation in the county
Service Deadlines
- Service must be completed before the pretrial conference date
- Allow sufficient time — at least 20 days before the pretrial conference
- If service is not completed, notify the Clerk and request a continuance
Proof of Service
- The Sheriff or process server files the return of service with the Court
- Verify that service has been completed before the pretrial conference
- Without proof of service, the pretrial conference cannot proceed against that defendant
PART XII — PRETRIAL CONFERENCE AND MEDIATION
Pretrial Conference (Fla. Sm. Cl. R. 7.090)
IMPORTANT: Florida is unique in requiring a mandatory pretrial conference in all small claims cases. This is NOT the trial — it is a preliminary hearing. Failure to attend can result in dismissal (for the Plaintiff) or default judgment (against the Defendant).
What Happens at the Pretrial Conference:
-
Attendance Required — Both parties (or their attorneys) must appear in person at the pretrial conference. Bring all evidence and documentation.
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Mediation — Under Fla. Sm. Cl. R. 7.090(f) and Fla. Stat. § 44.102, the court will order mediation at or immediately after the pretrial conference. Mediation is conducted by a court-certified mediator at no cost to the parties.
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If Mediation is Successful — The agreement is put in writing as a stipulation and entered as a court order. The case is resolved.
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If Mediation Fails — The case is scheduled for a final hearing (trial) at a later date.
-
Other Pretrial Conference Outcomes:
- The judge may enter a default judgment if the Defendant fails to appear
- The judge may dismiss the case if the Plaintiff fails to appear
- The judge may encourage settlement discussions
- The judge may set a discovery schedule or address preliminary motions
- Either party may demand a jury trial at this stage
Preparing for the Pretrial Conference
☐ Bring all evidence and documentation
☐ Bring copies for the opposing party and the judge
☐ Be prepared to explain your claim briefly (2-3 minutes)
☐ Be prepared to participate in mediation in good faith
☐ If you have an attorney, the attorney should appear
☐ If you want a jury trial, be prepared to demand it (additional fees may apply)
PART XIII — HEARING PREPARATION GUIDE
Before the Hearing (Final Trial)
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Review Your Case: Organize all evidence chronologically. Review the Defendant's answer or counterclaim if one was filed.
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Prepare Exhibits: Make three sets of all documents: one for the judge, one for the Defendant, and one for yourself. Number or letter each exhibit.
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Prepare Witnesses: Confirm attendance. If a witness will not attend voluntarily, request a subpoena from the Clerk (Fla. Sm. Cl. R. 7.150).
-
Prepare Your Opening Statement: Briefly summarize your claim in 2-3 minutes.
At the Hearing
-
Arrive Early — At least 30 minutes before the scheduled time. Check in with the courtroom clerk or bailiff.
-
Courtroom Procedure:
- The Plaintiff presents first
- Present evidence, call witnesses, describe the facts
- The Defendant presents their case
- Both sides may cross-examine witnesses
- The judge may ask questions
- Closing statements (brief) -
Rules of Evidence:
- Florida Small Claims Rules relax formal evidence rules
- Hearsay may be admitted with discretion
- Photographs, documents, and physical evidence are encouraged
- The judge has broad discretion in conducting the hearing -
Key Tips:
- Address the judge as "Your Honor"
- Be concise and organized
- Focus on facts and evidence, not emotions
- Do not interrupt the opposing party
- Be truthful and credible -
Jury Trial Option: Either party may demand a jury trial. If a jury trial is demanded, additional fees apply and formal rules of evidence generally apply. Jury trials are rare in small claims cases.
PART XIV — POST-JUDGMENT PROCEDURES
If You Win (Judgment in Your Favor)
Payment:
- The Defendant should pay the judgment amount, including any awarded costs and interest, promptly after the judgment is entered.
If Defendant Does Not Pay:
- ☐ Writ of Execution — File a motion for writ of execution to authorize the Sheriff to levy on the Defendant's non-exempt personal property
- ☐ Wage Garnishment — File a writ of garnishment to attach the Defendant's wages (subject to Fla. Stat. § 222.11 — head of family exemption: wages of a head of family earning $750/week or less are exempt)
- ☐ Bank Account Garnishment — File a writ of garnishment against the Defendant's bank accounts (subject to exemptions)
- ☐ Recording the Judgment — Record a certified copy of the judgment in any county where the Defendant owns real property to create a lien (Fla. Stat. § 55.10)
- ☐ Judgment Debtor Examination — File a motion requiring the Defendant to appear and disclose assets under oath (Fla. Sm. Cl. R. 7.221)
- ☐ Domestication — If the Defendant has assets in another state, domesticate the judgment in that state
Important Florida Exemptions:
- Homestead Exemption: The Defendant's primary residence is fully exempt from forced sale (Fla. Const. Art. X, § 4)
- Personal Property Exemption: $1,000 of personal property is exempt (or $4,000 if no homestead is claimed) (Fla. Stat. § 222.25)
- Wage Exemption: Head of family wages are substantially protected (Fla. Stat. § 222.11)
Judgment Validity:
- Florida judgments are enforceable for 20 years (Fla. Stat. § 55.081)
- Judgments may be renewed
- Post-judgment interest accrues at the statutory rate
If You Lose (Judgment Against You)
Appeal to Circuit Court:
- Deadline: File a Notice of Appeal within 30 days of the date the judgment is rendered (Fla. R. App. P. 9.110)
- Court: Appeal to the Circuit Court in the same county (acting as appellate court)
- Standard of Review: The Circuit Court reviews the County Court record — this is NOT a new trial (unless reversible error is found and a new trial is ordered)
- Filing Fee: Approximately $300 (varies by circuit)
- Attorney Representation: Strongly recommended for appeals
Motion for New Trial:
- File a motion for new trial within 15 days of the judgment under Fla. Sm. Cl. R. 7.180
- Grounds include: newly discovered evidence, irregularities in proceedings, or verdict contrary to law or evidence
PART XV — PRACTICE TIPS FOR FLORIDA SMALL CLAIMS COURT
Florida-Specific Considerations
-
Pretrial Conference is Mandatory: Do not miss the pretrial conference. If the Plaintiff fails to appear, the case may be dismissed. If the Defendant fails to appear, a default judgment may be entered against them.
-
Mediation is Required and Free: Florida strongly encourages mediation. Court-connected mediators handle small claims mediation at no cost to the parties. Come prepared to negotiate in good faith — many cases settle at mediation.
-
Security Deposit Claims (Fla. Stat. § 83.49):
- Landlord must return the security deposit within 15 days if no claim is made against it, or within 30 days with notice of intent to impose a claim
- The landlord's notice must be sent by certified mail to the tenant's last known address
- If the tenant objects in writing within 15 days, the landlord must file a lawsuit or return the deposit
- Tenant is entitled to the deposit plus interest if the landlord fails to comply -
Florida Deceptive and Unfair Trade Practices Act (FDUTPA) — Fla. Stat. § 501.201 et seq.:
- FDUTPA provides for actual damages, attorney's fees, and court costs
- No treble or punitive damages under FDUTPA
- The AG may also pursue FDUTPA claims -
Worthless Check Claims (Fla. Stat. § 68.065):
- Must send written demand by certified or registered mail
- Wait 30 days after demand before filing suit
- May recover face amount plus service charge ($25-$30) plus treble damages (3x face amount, not to exceed $500)
- Plus court costs and reasonable attorney's fees -
Motor Vehicle Repair Act (Fla. Stat. § 559.901 et seq.):
- Repair shop must provide written estimate before beginning work
- Shop cannot exceed estimate without authorization
- Customer has right to inspect replaced parts
- File complaints with FDACS (Florida Department of Agriculture and Consumer Services) -
HB 837 Tort Reform Impact: Florida's 2023 tort reform (HB 837) affects certain negligence claims, including comparative fault standards and bad faith insurance claims. Be aware of these changes if your claim involves negligence or insurance disputes.
-
Statute of Limitations:
| Claim Type | Limitation Period |
|---|---|
| Written contract | 5 years (Fla. Stat. § 95.11(2)(b)) |
| Oral contract | 4 years (Fla. Stat. § 95.11(3)(k)) |
| Personal property damage | 4 years (Fla. Stat. § 95.11(3)(h)) |
| Fraud | 4 years from discovery (Fla. Stat. § 95.11(3)(j)) |
| FDUTPA | 4 years (Fla. Stat. § 95.11(3)(f)) |
| Negligence | 2 years (Fla. Stat. § 95.11(4)(a)) (changed by HB 837) |
| Bad check | 1 year (Fla. Stat. § 95.11(5)(a)) | -
E-Filing: Florida requires attorneys to e-file through the Florida Courts E-Filing Portal. Self-represented parties are encouraged but not required to e-file. Portal: https://www.myflcourtaccess.com
-
Counterclaims: The Defendant may file a counterclaim. If the counterclaim exceeds $8,000, the case may be transferred from small claims to the County Civil division.
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Default Judgment: If the Defendant fails to appear at the pretrial conference or the final hearing after proper service, the Plaintiff may request a default judgment. The Plaintiff must still present evidence of damages.
-
Interpreter Services: If you or a witness needs an interpreter, contact the court at least 7 days in advance. The court may provide interpreter services.
VERIFICATION AND SIGNATURE
Under penalties of perjury, I declare that I have read the foregoing Statement of Claim and that the facts stated herein are true and correct to the best of my knowledge and belief.
| Plaintiff's Signature: | ________________________________________ |
| Printed Name: | [________________________________] |
| Date: | [__/__/____] |
| Address: | [________________________________] |
| Telephone: | [________________________________] |
| Florida Bar No. (if attorney): | [________________________________] |
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Statement of Claim was served on the Defendant by:
☐ County Sheriff on [__/__/____]
☐ Certified process server on [__/__/____]
☐ Certified mail, return receipt requested, on [__/__/____]
☐ Other authorized method: [________________________________]
| Signature: | ________________________________________ |
| Printed Name: | [________________________________] |
| Date: | [__/__/____] |
SOURCES AND REFERENCES
- Fla. Stat. § 34.01 — County Court jurisdiction: https://www.flsenate.gov/laws/statutes/2025/34.01
- Florida Small Claims Rules 7.010-7.370 — https://www-media.floridabar.org/uploads/2025/01/2023_04-OCT-Small-Claims-Rules-10-24-2022.pdf
- Fla. Sm. Cl. R. 7.050 — Statement of Claim filing requirements
- Fla. Sm. Cl. R. 7.090 — Pretrial conference and mediation
- Fla. Stat. § 44.102 — Court-ordered mediation
- Fla. Stat. § 34.041 — Filing fees
- Florida Courts Help — Small Claims — https://help.flcourts.gov/Other-Resources/Small-Claims
- Fla. Stat. § 83.49 — Security deposit requirements
- Fla. Stat. § 501.201 et seq. — Florida Deceptive and Unfair Trade Practices Act (FDUTPA)
- Fla. Stat. § 68.065 — Worthless check civil remedy
- Fla. Stat. § 559.901 et seq. — Motor Vehicle Repair Act
- Fla. Stat. § 47.011 et seq. — Venue provisions
- Fla. Stat. § 48 — Service of process
- Florida Division of Corporations (Sunbiz) — https://dos.fl.gov/sunbiz/
- Florida Courts E-Filing Portal — https://www.myflcourtaccess.com
- Florida CFO Judgment Interest Rates — https://www.myfloridacfo.com/division/aa/judgmentinterestrate.htm
This template is provided for informational purposes only and does not constitute legal advice. Many Florida counties have their own specific small claims forms — check with your local County Clerk of Court for required forms. Consult a qualified attorney licensed in Florida for advice specific to your situation. Laws and court rules may change; verify all citations and procedures before filing.
About This Template
Consumer protection law gives buyers, borrowers, and renters rights against unfair, deceptive, or abusive business practices. Federal and state laws cover debt collection, credit reporting, product warranties, lemon cars, and more, and most of them have strict deadlines to preserve your rights. A well-drafted demand or complaint puts the business on notice, triggers their legal obligations, and often resolves the issue without a lawsuit.
Important Notice
This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Last updated: March 2026
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