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
Court-Ordered Mediation: Possible — the court may refer a small-claims case, but mediation is not automatically mandatory 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 may occur under local practice or court order; Fla. Stat. § 44.102(2)(a) expressly excludes small-claims cases from its mandatory-on-request referral rule
- Attorneys are permitted at all stages, including the hearing
- Jury trial available: The plaintiff must demand it in writing when filing; the defendant may demand it within 10 days after service or at the pretrial conference, if any (Rule 7.150(a)).
- Filing requires a Statement of Claim — attach a copy or material part of any written document on which the claim is based (Rule 7.050(a)(1)). Many counties have their own form.

PART I — COURT IDENTIFICATION AND CAPTION

IN THE COUNTY COURT IN AND FOR [________________________________] COUNTY, FLORIDA

SMALL CLAIMS DIVISION

PLAINTIFF INFORMATION

If Plaintiff is a business entity:

DEFENDANT INFORMATION

Defendant #1:

Defendant #2 (if applicable):

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

1. 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.

2. The Plaintiff has the legal capacity to bring this action in the State of Florida.

3. The Defendant is subject to the jurisdiction of this Court.

4. The total amount in controversy is $[________________________________], exclusive of interest, costs, and attorney's fees.

5. This action is properly brought under the Florida Small Claims Rules 7.010-7.370.

PART III — VENUE

Venue is proper in [________________________________] County, Florida, on the selected ground below. Keep only grounds that fit this Defendant:

☐ Defendant is a Florida resident individual and resides in this county (§ 47.011).
☐ Defendant is a Florida resident individual and the cause of action accrued in this county (§ 47.011).
☐ Defendant is a Florida resident individual and the property in litigation is located in this county (§ 47.011).
☐ Defendant is a domestic corporation with, or usually keeping, an office for its customary business in this county (§ 47.051).
☐ Defendant is a domestic corporation and the cause accrued or the property in litigation is located in this county (§ 47.051).
☐ Defendant is a foreign corporation doing business in Florida and has an agent or representative in this county (§ 47.051).
☐ Defendant is a foreign corporation doing business in Florida and the cause accrued or the property in litigation is located in this county (§ 47.051).
☐ Another venue statute or enforceable venue provision applies: [IDENTIFY AND STATE ITS FACTUAL BASIS].

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:

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]

D. Harm Suffered by Plaintiff

As a direct and proximate result of Defendant's conduct, Plaintiff suffered the following harm:

1. [________________________________]
2. [________________________________]
3. [________________________________]

PART VI — DAMAGES CALCULATION

A. Itemized Damages

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)

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:

1. Actual damages in the amount of $[________________________________]
2. Statutory damages in the amount of $[________________________________] (if applicable)
3. Pre-judgment interest at the applicable statutory rate from [__/__/____]
4. Attorney's fees in the amount of $[________________________________] (if recoverable under statute or contract)
5. Court costs, including filing fees and service costs
6. Post-judgment interest at the statutory rate
7. 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)):
☐ Any pre-suit demand actually required by another claim or agreement was sent; § 501.211 does not impose a general demand requirement for a private FDUTPA claim

Dishonored Payment Instrument Claims (Fla. Stat. § 68.065(3)-(4), if seeking the subsection (3) remedy):
☐ Written demand sent by certified or registered mail with return receipt, or first-class mail with an affidavit of service of mail, to an address allowed by § 68.065(4)
☐ Maker or drawer failed to pay the amount owing in cash within 30 days after receipt of the demand

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)

• 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, apply to the clerk for a determination of civil indigent status under Fla. Stat. § 57.082. A qualifying determination gives the filing fee and prepayment relief described in § 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
• If the claim is based on a written document, attach a copy or the material part of it to the Statement of Claim (Rule 7.050(a)(1))
• The Clerk assigns a case number and schedules the pretrial conference not more than 50 days from filing (Rule 7.090(b))
• 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)
☐ For a Florida-resident defendant, the clerk or attorney of record may send process by certified mail, return receipt requested
☐ The return receipt may be signed by the Defendant or by a person authorized to receive mail at the Defendant’s residence or principal place of business
☐ Do not use this mail-service option for a defendant who is not a Florida resident (Fla. Sm. Cl. R. 7.070)

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 located, ask the clerk or counsel about a permitted service method. Do not assume publication will support an ordinary personal money judgment: Fla. Stat. § 49.011 limits constructive service to its listed proceedings and property-based claims.

Service Deadlines

• Service must be completed before the pretrial conference date
• Allow enough time for service before the pretrial conference; Rule 7.090(b) calls for cancellation as to a non-served party when the return of nonservice is filed 5 days before the 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:

1. Attendance Required — Both parties (or their attorneys) must appear in person at the pretrial conference. Bring all evidence and documentation.

2. Mediation — Under Fla. Stat. § 44.102(2)(b), the court may refer all or part of a small-claims case to mediation. If mediation is ordered, Fla. Sm. Cl. R. 7.090(f) governs appearance and settlement authority. Confirm the timing, format, and any cost with the assigned court rather than assuming mediation will occur at pretrial or will be free.

3. If Mediation is Successful — The agreement is put in writing as a stipulation and entered as a court order. The case is resolved.

4. If Mediation Fails — The case is scheduled for a final hearing (trial) at a later date.

5. 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
   • A defendant may demand a jury trial at this stage; a plaintiff must have demanded it in writing when filing (Rule 7.150(a))

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 are the plaintiff and want a jury trial, include a written demand when filing; if you are the defendant, demand it within 10 days after service or at the pretrial conference, if any (Rule 7.150(a))

PART XIII — HEARING PREPARATION GUIDE

Before the Hearing (Final Trial)

1. Review Your Case: Organize all evidence chronologically. Review the Defendant's answer or counterclaim if one was filed.

2. 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.

3. Prepare Witnesses: Confirm attendance. If a witness will not attend voluntarily, request a subpoena under Fla. R. Civ. P. 1.410, which Fla. Sm. Cl. R. 7.020(a) applies to small claims actions.

4. Prepare Your Opening Statement: Briefly summarize your claim in 2-3 minutes.

At the Hearing

1. Arrive Early — At least 30 minutes before the scheduled time. Check in with the courtroom clerk or bailiff.

2. 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)

3. Rules of Evidence:

   • Rule 7.140(f) permits an informal trial, but the civil rules of evidence still apply and are liberally construed
   • Prepare live witnesses or identify an applicable evidence exception before relying on an out-of-court statement
   • Photographs, documents, and physical evidence are encouraged
   • The judge has broad discretion in conducting the hearing

4. 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

5. Jury Trial Option: The plaintiff must demand a jury in writing when filing; the defendant may demand one within 10 days after service or at the pretrial conference, if any (Fla. Sm. Cl. R. 7.150(a)). If a jury trial is demanded, additional fees may apply.

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:

1. ☐ Writ of Execution — Request issuance of a writ of execution from the Clerk after the judgment is enforceable; Rule 7.200 permits an oral request without a formal written demand. The writ authorizes levy on the Defendant's non-exempt personal property.
2. ☐ 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)
3. ☐ Bank Account Garnishment — File a writ of garnishment against the Defendant's bank accounts (subject to exemptions)
4. ☐ 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)
5. ☐ Judgment Debtor Examination — File a motion requiring the Defendant to appear and disclose assets under oath (Fla. Sm. Cl. R. 7.221)
6. ☐ 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: Fla. Const. art. X, § 4(a)(2) protects $1,000 of personal property. Fla. Stat. § 222.25(4) allows up to $4,000 more if the debtor does not claim or receive homestead benefits, potentially $5,000 total, subject to that statute's exceptions.
• 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 District Court of Appeal:

• 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 district court of appeal with jurisdiction over the county court
• Standard of Review: The district court of appeal reviews the county court record; an appeal is not a new trial
• 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

1. 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.

2. Mediation May Be Ordered: A court may refer a small-claims case to mediation under Fla. Stat. § 44.102(2)(b). Check the court's order and local program for attendance requirements and any fee.

3. 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 within 15 days after receiving the claim notice, § 83.49(3) does not require the landlord to sue or return the disputed amount within a further 15 days; either party may ask a court to decide the deposit dispute
   • A landlord who misses the required 30-day claim notice forfeits the right to impose a claim on the deposit and must return it, but may sue separately for damages after returning it. Interest depends on how the deposit was held and the conditions in § 83.49(1); the prevailing party in a deposit action may recover court costs and reasonable attorney's fees under § 83.49(3)(c)

4. 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

5. Worthless Check Claims (Fla. Stat. § 68.065):

   • For the subsection (3) civil remedy, send substantially the notice in subsection (4) by certified or registered mail with return receipt, or by first-class mail with an affidavit of service of mail, to an address allowed by subsection (4).
   • The statutory condition is failure to pay the amount owing in cash within 30 days after receipt of that demand.
   • If the other statutory conditions are met, the payee may seek the amount owing plus damages of three times that amount, with a $50 minimum for the statutory damages; § 68.065 sets no $500 ceiling.
   • The statute also addresses a service charge, bank fees, court costs, and reasonable attorney fees. Calculate and plead each claimed item under the applicable subsection.

6. 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)

7. 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.

8. Statute of Limitations:

9. 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

10. 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.

11. 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.

12. 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 in it are true.

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: [________________________________]

SOURCES AND REFERENCES

1. Fla. Stat. § 34.01 — County Court jurisdiction: https://www.flsenate.gov/laws/statutes/2025/34.01
2. Florida Small Claims Rules 7.010-7.370 — https://www.jud11.flcourts.org/judges_forms/9472461054-FL%20Small%20Claim%20Rules.pdf
3. Fla. Sm. Cl. R. 7.050 — Statement of Claim filing requirements
4. Fla. Sm. Cl. R. 7.090 — Pretrial conference and mediation
5. Fla. Stat. § 44.102 — Court-ordered mediation
6. Fla. Stat. § 34.041 — Filing fees
7. Florida Courts Help — Small Claims — https://help.flcourts.gov/Other-Resources/Small-Claims
8. Fla. Stat. § 83.49 — Security deposit requirements
9. Fla. Stat. § 501.201 et seq. — Florida Deceptive and Unfair Trade Practices Act (FDUTPA)
10. Fla. Stat. § 68.065 — Worthless check civil remedy
11. Fla. Stat. § 559.901 et seq. — Motor Vehicle Repair Act
12. Fla. Stat. § 47.011 et seq. — Venue provisions
13. Fla. Stat. § 48 — Service of process
14. Florida Division of Corporations (Sunbiz) — https://dos.fl.gov/sunbiz/
15. Florida Courts E-Filing Portal — https://www.myflcourtaccess.com
16. 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.