How to file in Small Claims Court

• Access the Small Claims Court presentation

These steps and questions should be answered prior to filing a Small Claims Court case.

• Always attempt a resolution.
• Is there a valid legal claim?
• Is there sufficient evidence to prove the claim in court?
• Do I know the correct legal name and address of the other party?
• Evaluate the claim:
  • Can I get more than $8,000?
  • Is it worth my time & money to file?
• Any person 18 years of age or older.
• A person under 18 years old may also sue in small claims, but only if their parent or guardian files the suit for them.
• A business, whether or not owned by an individual, a partnership or a corporation.

Statute of Limitations

• Section 95.11 Florida Statutes
  • 5 years - written contract
  • 4 years - verbal contract
  • 4 years - negligence
  • 2 years - recovery of wages/overtime

The Small Claims Court process offers step-by-step instructions for filing a claim. These documents are also available for a small fee at the Small Claims Court presentations.

• Small Claims Court Process (1.2 MB)
• Tribunal De Reclamos Menores (1.2 MB)
• Florida Small Claims Rules
• How to Collect on a Judgment 

The claim can be filled and submitted online at the Miami-Dade County Clerk's Office. You may print out the application and file the claim in person at a local courthouse if you choose. 

More resources are available on the Miami-Dade County Law Library site.