Sued in Florida Small Claims Court?
What to do if you've been served with a small claims summons in Florida — how to respond, defend yourself, countersue, and appeal.
Being sued in small claims court can feel overwhelming — but Florida's process is designed for everyday people, not lawyers. Most cases are resolved in a single hearing lasting 15–30 minutes. This guide walks you through every step from receiving the summons to the hearing, and explains your options if you lose.
Step-by-Step: What to Do as a Defendant
Read the summons carefully
Your summons will state the claim amount, the plaintiff's name, and your hearing date. Note the date, time, and courthouse location. In Florida, the small claims court is the County Court.
Don't ignore it — respond or appear
You generally don't need to file a written response in Florida small claims — you just need to appear at the hearing. However, if you plan to file a counterclaim, do that in advance. Ignoring the summons results in a default judgment against you.
Gather your evidence
Collect everything that supports your version of events: contracts, receipts, invoices, text messages, emails, photos, bank statements, and any written communications. Organize them chronologically and make 3 copies — for the judge, the plaintiff, and yourself.
Consider filing a counterclaim
File a written counterclaim before the pretrial conference (if one is scheduled) or before the hearing. Limit is $8,000. A counterclaim lets you seek money from the plaintiff in the same hearing, which can be a powerful negotiating tool.
Know the rules on attorneys
Attorneys are permitted in Florida County Court small claims. Plaintiffs often have legal representation. Even if attorneys are allowed, most defendants represent themselves in small claims court.
Attend the hearing and present your defense
Be on time. When it's your turn, calmly present your evidence and explain why you don't owe what the plaintiff is claiming. Stick to facts — judges have little patience for emotional arguments. Keep your statements focused on the specific dispute.
Appeal within 30 days if you lose
If judgment is entered against you, you have 30 days to file an appeal with the Circuit Court. Appeals in most states require a filing fee and result in a new trial (de novo). Act quickly — missing this deadline means the judgment becomes final.
Evidence Checklist for Defendants
Florida-Specific Tips for Defendants
Florida requires a pretrial conference before the actual hearing in most small claims cases — attend this, as settlements often happen here.
Florida's head-of-household wage exemption means most judgment creditors cannot garnish your wages. Know your rights before panicking.
If the plaintiff suing you is a debt collector, the Florida Consumer Collection Practices Act may give you counterclaim rights.
What Happens If You Lose
Check Florida's Small Claims Limit
Confirm the maximum claim amount in your state. If the plaintiff is suing for more than the limit, their case may be improperly filed.
Check the Limit →