Small claims forms · Florida

Florida small claims court forms

Vera can't fill Florida's small claims forms yet. Here is what the court provides and what to know; Vera still helps you organize your case, deadlines and evidence.

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To sue (you're the plaintiff)

Small claims are heard in the county court (Fla. Stat. § 34.01). The dollar limit and procedure for small claims are set by the Florida Small Claims Rules, which Vera could not read on an official source; ask the county court clerk for the current limit before filing (Florida Small Claims Rules).
The county court filing fee may not exceed $50 for claims under $100, $75 for $100 to $500, $170 for more than $500 to $2,500, and $295 for more than $2,500 to $15,000, plus an additional $4 filing fee. Postal charges for service by mail are paid by the party at whose instance service is made (Fla. Stat. § 34.041(1)(a), (b)).
Process is served by the sheriff of the county where the person to be served is found; "nonenforceable civil process" may also be served by a special process server appointed by the sheriff or by a certified process server (Fla. Stat. § 48.021(1)).
When the claim is for a residential security deposit: with no claim on it, the landlord must return it within 15 days after the rental agreement ends; to claim part of it, the landlord must send written notice by certified mail (or e-mail under s. 83.505) within 30 days, or "forfeits the right to impose a claim upon the security deposit". The prevailing party gets court costs and a reasonable attorney's fee, and "The court shall advance the cause on the calendar" (Fla. Stat. § 83.49(3)(a), (c)).

If you were sued (you're the defendant)

What a defendant does after being served, and by when, is set by the Florida Small Claims Rules (Florida Small Claims Rules).
In a security deposit case, a landlord who did not give the 30-day written notice of a claim "forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit but may file an action for damages after returning the security deposit to the tenant". The prevailing party gets court costs and a reasonable attorney's fee (Fla. Stat. § 83.49(3)(a), (c)).

Checked against the court's own forms and rules. Courts change forms; check with the clerk before you file. This page is general information, not legal advice.