Small Claims Court is sometimes referred to as the People’s Court, as the proceedings are very informal and often the parties to the suit represent themselves. Small Claims Court has been established to provide expeditious and relatively inexpensive adjudication of small debts. Small Claims Court may hear disputes that have claims for monetary damages up to and including $8,000.00.
Filing a Small Claims Suit
The Clerk will supply you with a form to fill out, which will state your claim. This form will tell the other party why you are suing and what claim he owes you. Please bring with you all information to substantiate your claim, such as contracts, paid bills, estimates, invoices, photographs, etc.
You must supply one set of copies for the court file and one set of copies for each defendant named in your suit. The Clerk’s Office can make extra copies for a nominal fee. The Clerk’s Office cannot advise you on what to use as evidence. You will need to decide this before you file your case.
The Small Claims Office is on the second floor of the Columbia County Courthouse, located at 173 NE Hernando Street, Lake City, FL.
After filing your suit with the Clerk’s Office, the defendant(s) must be served with a copy of your claim. This can be done by the Sheriff’s Office or by certified mail.
If Sheriff service is selected, a separate money order or cashier’s check is required to cover the service fee. This should be made payable to the Sheriff of the county where service is to be made. Provide the Clerk’s Office with a street address (not a P.O. Box). The Clerk will send the summons to the Sheriff with your payment attached.
Certified mail is valid only in the State of Florida. Service on defendants outside Florida must be completed by the Sheriff. It is the plaintiff’s responsibility to obtain the address of the Sheriff in the county where the defendant will be served.
Before trial, you must attend a pretrial conference where mediation may be offered if all parties are present and unable to settle the dispute. Do not bring witnesses to the pretrial hearing.
A mediator helps facilitate settlement between parties in an informal, non-adversarial process. Decision-making authority remains with the parties. If the case does not settle, the court will schedule a trial date.
Be prepared to bring all witnesses, documents, and other evidence you plan to use. If a witness will not appear voluntarily, you may request the Clerk’s Office to issue a subpoena. Fees apply for preparing and issuing subpoenas.
The Sheriff charges a service fee to deliver subpoenas. You must also pay each witness a fee and mileage allowance.
At trial, the judge will review the evidence and testimony and decide the case. If you win, the Clerk will send you a certified copy of the Final Judgment, and the defendant is expected to pay the amount ordered.
Be on time for all court appearances, as tardiness may jeopardize your case.
If the defendant does not pay, you may take steps to collect the judgment.
If the defendant owns real property, you may record a certified copy of the judgment in the county where the property is located. This is done through the Clerk of Circuit Court and creates a lien on the property. The lien is typically resolved when the property is sold or refinanced.
You may also obtain a writ of execution from the Clerk’s Office 10 days after the judgment is entered. The writ is delivered to the Sheriff in the county where the defendant lives or owns property. The Sheriff may seize and sell property to satisfy the judgment, subject to legal limits. Because this process is complex, you may wish to consult an attorney.
A writ of garnishment may also be used to collect from wages, bank accounts, or third parties who owe money to the defendant. Because garnishment procedures are complex, consulting an attorney or legal reference materials is recommended. The Clerk’s Office does not prepare writs of garnishment.
Once the judgment is fully paid, you must provide the defendant with a Satisfaction of Judgment. This document must be signed by you in front of a notary. The defendant may then record it in the county where the judgment was filed to remove any liens.
Forms & Self-Help Resources
- Small Claims Cover Sheet
- Small Claims Statement of Claim Form
- Small Claims Packet (Updated 09/04/25)
Completing the Small Claims Worksheet
Under Plaintiff’s Statement, please PRINT or TYPE your name (this may be an individual, company, business, or corporate name) and complete address. Also, provide a telephone number where you can be reached.
On the lines provided, fill in the amount for which you are suing and check the line that best describes your claim. Be sure not to add the court costs to the amount for which you are suing.
The Clerk’s Office will add the court costs to the total. If you don’t feel that the choices provided describe your particular situation, check “other” and write a brief description. You should also provide the date and place where the alleged claim occurred.
Regarding military service, the question “Is he/she in the military service?” must be answered to the best of your ability.
The Soldiers and Sailors Civil Relief Act of 1940 states that proceedings may be stayed at any stage, at the discretion of the Court, so that military personnel would not be subject to prosecution while unable to attend court proceedings.
The Soldiers and Sailors Civil Relief Act, states that any person who shall make or use an affidavit required under this section, or a statement, declaration, verification or certificate, certified to be true under penalty of perjury, knowing it to be false, shall be guilty of a misdemeanor and shallbe punished by imprisonment not to exceed one year or by fine not to exceed $1,000.00 or both.
Under “My Claim is Against,” print or type the name of the person you wish to sue. If the defendant is a corporation, we must have the name of the President, Vice President, or Registered Agent on whom to serve the papers, but do not list that person as a defendant unless you also have a claim against that person.
You may call the Secretary of State, Division of Corporations, at (850) 488-9000 in order to obtain this information. You must also print or type the Defendant’s address at which they are to be served.
Please indicate whether you would like the Sheriff to deliver the Court Summons to the defendant(s) or if you would prefer it to be sent by certified mail. Certified mail is effective in the State of Florida only. If you elect to have the Sheriff serve the defendant(s), you must provide a money order or cashier’s check made out to the Sheriff of the county in which the service is to be made.
For out-of-state service, the Sheriff must deliver the summons. It is the Plaintiff’s responsibility to provide the Clerk’s Office with the proper money order or cashier’s check required and the address of the Sheriff in order for the paperwork for service to be forwarded.
Be sure to include copies of basic information to substantiate your claim. We require one set of copies for the court file and one set for each defendant,at the time you file your case.
Frequently Asked Questions
Any person(s) eighteen (18) years or older or any individual(s) doing business as a company may file a Small Claims Case. A parent or guardian may file on behalf of a minor child. Each person who is a party to the claim must appear at the Clerk’s Office to sign the necessary paperwork in the presence of a Deputy Clerk, or the signatures must be notarized.
No. In most cases, you can represent yourself if you so desire.
If the case is complex, you should consider getting legal counsel. The Clerk’s office will provide you with the necessary forms to file a claim and give general information and assistance, but no legal advice can be given.
How long you have to file a claim in court, notably Small Claims Court, varies depending on the topic and circumstances of the respective litigation. Chapter 95.11, Florida Statutes, explains that a person has between one and five years. In some cases, you can have up to 20 years to file if you are challenging a judgment or court decree.
Information for partnerships and corporations may be found by checking occupational licenses in the county or city where the business is located, or through the Secretary of State, Division of Corporations, Tallahassee, Florida (850)245-6000.
If the defendant has been duly served and fails to appear on the designated court date, in person or represented by an attorney, a judgment may be entered automatically in favor of the plaintiff.
If the plaintiff fails to appear on the designated court date, in person or represented by an attorney, the case may be dismissed for lack of prosecution.
The Plaintiff needs to notify the Clerk’s Office in writing as soon as possible. The case will then be removed from the court docket.
In the event the Summons is returned to the Clerk’s Office unserved by either the Sheriff or the Post Office, you will not be able to proceed with your case. By law, the defendant must be served before he or she can be held liable. In this instance, you should try to obtain a new address, or if sent by certified mail, attempt using the Sheriff’s service.