Small Claims in Florida
This article provides a brief summary of small claims in Florida. The amounts involved in some claims are so small that if they proceeded through the normal court process it could easily cost more time and money to do so than the amount that could ultimately be recovered. These are known as small claims in Florida.
As of 2024, small claims in Florida are any claims less than or equal to $8,000.00. Small claims are decided under the procedures established in the Florida Small Claims Rules, which are much simpler than those used in larger cases. A current copy of the Small Claims Rules can be found here.
The Small Claims Rules “simply create rules of procedure for use in county court when the amount in controversy is small.” Davis v. Clark, 46 Fla. L. Weekly D1899 n.2 (Fla. 2d DCA August 20, 2021) (quotation omitted). Usually, it does not make sense to hire an attorney for small claims in Florida because the attorney’s fee can be more than the amount that is at stake. Luckily, small claims can be handled without an attorney.
As the Third District Court of Appeal has explained, “[h]istorically, the purpose of small claims courts is to provide greater access to justice for the public by allowing claims for small amounts of money to be litigated inexpensively and efficiently.” Morburger v. J. Reporting, Inc., 318 So. 3d 619, 621 (Fla. 3d DCA 2021) (citing Bartlett v. Portfolio Recovery Assocs., 438 Md. 255, 91 A.3d 1127, 1138 (Md. 2014)).
“First adopted in 1973 by the Florida Supreme Court, the Florida Small Claims Rules enable the achievement of this goal by providing for ‘the simple, speedy, and inexpensive trial of actions at law’ in our county courts. Fla. Sm. Cl. R. 7.010(a).” Morburger, 318 So. 3d at 621. “The rules eschew the formality ordinarily associated with civil litigation, creating an open ‘People’s Court’ in which mere technicalities ‘must not obscure the greater purpose of justice for all.’” Id. (quoting Donoghue v. Wallach, 455 So. 2d 1085, 1086 n.1 (Fla. 2d DCA 1984)).
“In accord with these principles, actions are commenced by the filing of a statement of claim, rather than a complaint.” Morburger, 318 So. 3d at 621 (citing Fla. Sm. Cl. R. 7.050(a)). “The statement of claim is required to be concise and ‘inform the defendant of the basis and the amount of the claim.’” Id. (quoting Fla. Sm. Cl. R. 7.050(a)). “If [the claims is] founded upon a written document, ‘a copy or the material part thereof shall be attached.’” Id. “No further pleading specificity is required.” Id.
“After the statement of claim is filed, the parties appear before the court for a pretrial conference.” Morburger, 318 So. 3d at 621 (citing Fla. Sm. Cl. R. 7.050(d)). “Although not required, at that time, any defensive pleading may be presented and contested factual issues are narrowed.” Id. (citing Fla. Sm. Cl. R. 7.090). “Motion practice is not encouraged, but any filed motions may be summarily adjudicated.” Id. (citing Fla. Sm. Cl. R. 7.140(b)). “In the absence of a settlement, the dispute is then set for trial.” Id. (citing Fla. Sm. Cl. R. 7.140).
“The trial itself is conducted informally, with the rules of evidence liberally construed.” Morburger, 318 So. 3d at 622 (citing Fla. Sm. Cl. R. 7.140(f). “However, should the parties desire greater formality, they may avail themselves of the Florida Rules of Civil Procedure either by stipulation or order of the court.” Id. (citing Fla. Sm. Cl. R. 7.020(c)). If neither party seeks to do so, the dispute remains subject to the Florida Small Claims Rules.
Importantly, if a claimant elects to proceed under the Small Claims Rules, their recovery is procedurally limited to $8,000.00, even if they prove damages in excess of that amount. See Marshall v. Bullard, 19 Fla. L. Weekly Supp. 663c (Broward Ctny. Ct. Mar. 12, 2012) (“While the Plaintiffs proved damages in excess of $5,000.00, they are limited to this amount because they chose to file this claim under the small claims rules. Rule 7.010(b).”).