How to File a Small Claim in Miami-Dade County, Florida

Which court hears the case

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. The case is a County Court case. A deputy clerk may be able to assist with the filing of a small claims suit. The clerk's page states that the clerk cannot provide legal counsel or assistance in completing forms, and that filers are strongly encouraged to seek legal advice from a qualified attorney.

Before filing: the clerk's letter step

The clerk's page states the pre-filing step in its own words, and this guide states it exactly as the clerk states it, not as a mandatory demand-letter requirement. Small claims actions may be brought only in the county where the defendant resides, where the cause of action occurred, or where the property involved is located. Before considering filing, the filer should first try to communicate to the other party exactly what is in dispute. The page states: "It is a good idea to send a letter, which clearly states your complaint. You may be able to resolve the problem without going to court. A lawsuit should be your last resort in solving a civil dispute."

No letter form, mailing method, or waiting period is stated on the clerk's page, and none is stated here. No pre-suit notice deadline is stated. The letter step is the clerk's stated recommendation, not a filing requirement found on the page.

The form

The filing form is the Statement of Claim, form CLK/CT. 333, revised June 2023, headed "In the County Court in and for Miami-Dade County, Florida." The form states: file in duplicate plus one for each defendant. The plaintiff sues for money owed and past due and unpaid, marking the category that applies: goods, wares, and merchandise sold; work done and materials furnished; money lent; money due on accounts stated and agreed; on a written instrument, copy attached; rent for premises in Miami-Dade County; or other, explained. The plaintiff states the sum demanded with court costs, signs a sworn statement that the amount is just and true, and states that the defendant is not in the military service of the United States. The form is sworn before a notary or deputy clerk.

If the claim is based on a written document, a copy, or the material part of it, must be attached to the Statement of Claim. The instruction sheet on the form states that the filer must advise the clerk in writing of any change in mailing address. Forms are available in Room 06.240 of the Osvaldo N. Soto Miami-Dade Justice Center and at district court locations. Fee schedules and additional information are available at those locations or by calling 305-275-1155.

Filing fees

The clerk's small claims page lists the filing fees by claim amount: filing fee for claims under $100, $55; filing fee for claims $100.01 to $500, $80; filing fee for claims $500.01 to $2,500, $175; filing fee for claims $2,500.01 to $8,000, $300. The costs for filing a small claims action include the filing fee based on the amount of the claim as well as a service fee for summoning each party to court. The amount of the service fee is not stated on the page and is not stated here. If a final judgment is entered in the filer's favor, these costs may be added to the total amount of the judgment.

Serving the defendant and the pre-trial hearing

The filer or the filer's lawyer cannot proceed until the defendant has been served. The filer must have the full name of the individual to be sued and an address where that person can be served. For a business, the filer must find out whether it is incorporated: for a corporation, the full incorporated name and the name and address of a corporate officer or registered agent, obtainable from the Florida Department of State, Division of Corporations; for an unincorporated business, the company name and the owner's full name and address, obtainable from the Occupational License Bureau of Miami-Dade County. A fictitious name and its owner are registered with the Florida Department of State, Division of Corporations.

Once the suit has been processed, a pre-trial date will be assigned and the filer will be notified of the date at that time or later by mail. If the filer does not appear at the pre-trial hearing, the case may be dismissed. If the defendant does not appear, the judge may enter a default. Bring documents that assist in proving the case, but do not bring witnesses to the pre-trial hearing. The pre-trial hearing is an opportunity to appear with the defendant before the judge and attempt to settle without a trial, and the case may be referred to a mediator. If no agreement is reached, a trial date is given, and the filer is responsible for subpoenaing witnesses.

What this guide does not state

No electronic filing route is stated here, because no e-filing route for Miami-Dade small claims was verified on the clerk's small claims page this run. No advice is given on whether to file, what to claim, or what a case is worth. No appeal, collection, or post-judgment rule is stated beyond the clerk page's statement that obtaining a judgment is not the same as collecting it and that post-judgment procedures are often required.

For small claims filing in other counties, see the Small-Claims Courts by County directory. To compare courts, limits, forms, and fees by county, use the Small-Claims Court Finder.

Source

Sources: Clerk of the Court and Comptroller of Miami-Dade County, small claims page ($8,000 limit, venue, letter step, service, pre-trial hearing, fee tiers, phone 305-275-1155); Statement of Claim form CLK/CT. 333, revised June 2023 (form identity, duplicate filing, written-document attachment, sworn statement). Facts verified 2026-11-03. Open flags: the service-fee amount is not stated on the clerk's page and is omitted; no e-filing route was verified on the clerk's small claims page; the letter step is stated as the clerk's recommendation, not as a mandatory requirement.

This page explains how the process works and what the official rules say. It is general information, not legal advice. For a dispute about your specific situation, talk to the clerk.