What it costs to sue in Florida small claims court

An individual can sue for up to $8,000 in Florida small claims court. A business or other entity is held to the same limit.

Source: Florida Statutes §34.041

Florida sets a different deadline depending on what the claim is about. Miss it and the court can throw the case out no matter how strong it is.

Florida cut its general negligence period from 4 years to 2 years in 2023 (SB 360) for anything that happened on or after March 24, 2023 — that's the period shown for personal injury here. Something that happened before that date may still carry the older 4-year period; check the date against SB 360's effective date if it's close.

Florida charges by how much you're suing for, in bands:

The statute's top bracket runs from $2,500.01 to $15,000, but Florida's small claims court itself is capped at $8,000, so $295 is the highest fee you'll actually pay here. $20 of the $170 tier is remitted to the Department of Revenue and isn't itemized separately.

Source: Florida Statutes §34.041

Filing isn't enough — the person you're suing has to be formally notified, and Florida recognizes these methods:

Sheriff. Flat statewide fee, per defendant. Fla. Stat. §30.231

Certified mail (self-arranged). Only available if every defendant is a Florida resident and an individual — not an out-of-state or corporate defendant. Cost shown is USPS's current certified mail + electronic return receipt rate. Fla. Small Claims Rule 7.070

Florida law also allows using a private process server instead of the sheriff. No court or state source publishes a typical cost for one, so it isn't shown here.

Florida can waive the filing fee entirely for someone who can't afford it. The published income test is 200% of the federal poverty guidelines for your household size.

Florida's clerk of court decides straight from your income — there's no separate public-benefits shortcut here. Owning non-exempt property worth $2,500 or more in net equity (beyond your homestead and one vehicle valued under $5,000) creates a rebuttable presumption against indigency that this calculator doesn't check. If the clerk denies your application, you can ask a judge to review it and weigh hardship directly.

Source: Fla. Stat. §57.082 (Determination of Civil Indigent Status)

Subpoenaing someone to testify in Florida costs $5 per day plus $0.06 per mile round trip. It has to be paid when the subpoena is served, or the witness doesn't have to show up.

Florida's $5/day and 6¢/mile rates are the real, current statutory figures — Fla. Stat. §92.142 hasn't been amended in decades, so the small numbers aren't a stale placeholder.

Source: Fla. Stat. §92.142

An appeal in Florida costs $280 to file. A higher court reviews the record of what already happened rather than hearing the case again.

$280 is the statutory maximum the clerk may charge to file a notice of appeal from county court to circuit court; some counties charge slightly less.

Source: Fla. Stat. §28.241(2)

An unpaid Florida judgment earns 8.06% a year from the day it's entered until it's paid.

Florida's rate is set quarterly by the state's Chief Financial Officer, not fixed by statute — 8.06% is the rate in effect for judgments accruing interest July 1 through September 30, 2026. It resets every quarter; check the current rate at myfloridacfo.com before relying on this for anything but an estimate.

Source: Fla. Stat. §55.03, via MyFloridaCFO Judgment Interest Rates

Florida caps how much of one paycheck a judgment creditor can take, based on the debtor's disposable earnings.

"Head of family" means you provide more than half the support for a child or other dependent — if so, Florida exempts your entire paycheck from an ordinary judgment, no dollar cap, unless you've signed a written waiver. Without that status, Florida just applies the federal formula.

Source: Fla. Stat. §222.11

Having an officer levy a bank account in Florida starts with about $0 up front, plus the officer's own statutory fee.

The clerk doesn't charge to issue the writ itself. Sheriff's offices typically require an advance cost deposit before performing the levy — the amount varies by county and isn't included in the $40 statutory processing fee.

Source: Fla. Stat. §30.231

A Florida judgment stays enforceable for 20 years. No renewal filing is needed to keep it alive for that term.

No renewal filing keeps the judgment itself enforceable for the full 20 years — that's automatic. Separately, a real-property lien recorded from it lasts only 10 years unless re-recorded, capped at the judgment's own 20-year life either way; that lien mechanics question isn't covered here.

Source: Fla. Stat. §§95.11(1), 55.081