A claim up to $8,000 – not including costs, interest and attorneys’ fees – can be filed with the Clerk's Office as a Small Claims action, according to Rule 7.010 of the Florida Rules of Court and Chapter 34 of the Florida Statutes.
A deputy clerk may be able to assist you with the filing of a small claims suit. Forms are available in Room 137 of the Miami-Dade County Courthouse and at district court locations. You may need an attorney to assist you on all other matters. Fee schedules and additional information are available at those locations or by calling 305-275-1155.
Attend a Small Claims Case Information Session
Suing a Business
If the business you are suing is not incorporated, the correct company name and the full name and address of the owner can be obtained by calling the Occupational License Bureau of Miami-Dade County at 305-270-4949.
Businesses with a Fictitious NameThe company you are suing may use a name other than the owner's name, referred to as a fictitious name. That information, along with the name and address of the person who owns the company, must be registered with the Florida Department of State, Division of Corporations and may be obtained by contacting them online or by calling 850-245-6058.
Costs and Fees
Pre-trial and Trial dates
If no agreement is reached at the pre-trial hearing, you will be given a trial date. It is your responsibility to subpoena any witnesses to help prove your case. A deputy clerk at the filing location will assist you.
If the judge decides in your favor, you will receive a Final Judgment by mail or be instructed to obtain a Final Judgment form to submit to the judge for signature.
At any time during this process, the defendant may pay you and settle the claim. However, obtaining a judgment against a party is not the same thing as collecting that judgment. Post-judgment legal procedures are often required prior to any collection. You may find it necessary to retain an attorney to assist you in post-judgment procedures.