How to file in Small Claims Court

Please note: The dollar amount for Small Claims Court disputes has been raised to $8,000 or less, excluding costs, interest and attorneys' fees.

The Miami-Dade Consumer Protection Division offers a how-to video presentation about Small Claims Court. The presentation is designed to teach consumers about the process, how to prepare and what to expect.

This is an educational presentation only. NO LEGAL ADVICE IS PROVIDED.

Presentations are conducted in English, but electronic versions of the presentation can be downloaded in the Documents section below. Presentations are about 60 minutes long.

- 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.