Small Claims

A Small Claims case is a legal action filed in County Court in order to settle a claim or minor legal dispute in which demand for monies or the value of property does not exceed $5,000 excluding costs, interest and attorney fees. Small Claims Court is less formal than other types of courts and parties usually represents themselves. However, if your case is complex you want to consider obtaining legal counsel.

Some common types of actions handled in Small Claims Court include auto negligence, claims of goods sold, claims for work done and materials furnished, claims for money lent and promissory notes.

Clerk Assistance

Florida Small Claims Rules permit the Clerk & Comptroller to provide you with general information and assistance in preparing a statement of claim and other documents needed to be filed in the action. The Clerk & Comptroller's office will provide you with the necessary forms and instructions to file your claim. Please note Florida law prohibits the Clerk & Comptroller from providing legal or financial advice.

We will otherwise do our best to assist you in every way possible or direct you to a resource that can provide you with the information or assistance needed.
Requirements to File a Case

  • You must be at least 18 years of age
  • You may be an individual, a person Doing Business As (DBA) or a corporation
  • A minor child must have a parent or legal guardian file on their behalf

Generally, your case must be filed in the county where the contract was entered into, property to be recovered is located, action occurred or where one or more of the persons being sued reside.
Forms and Documents Needed to File Case

The forms and documents you will need to complete or provide to file your Small Claim are:
  • Statement of Claim (provided by the Clerk & Comptroller)
  • Documents relating to your case such as:
  • Receipts
  • Contracts
  • Invoices
  • Photographs
  • Law enforcement reports
  • Promissory Notes

For all documents that you file to open your case, you must provide a copy for each defendant. The original document is maintained in the court file.

Small Claims Fees and Costs


Small Claims/County Filing Fees

Small Claims less than $100 - $55.00

Small Claims $100.00 - $500 - $80.00

Small Claims $500.01 to $2500 - $175.00

Small Claims $2500.01 to $5000 - $300.00

Garnishment, Replevin, Attachment, Distress, in addition to the above filing fee - $85.00

Claims of not more than $1,000.00 filed simultaneously with replevin of property that is the subject of claim - $130.00

Summons issuance fee: Clerk & Comptroller to issue - $10.00 or Clerk & Comptroller to prepare and issue - $17.00.
Service Costs

Copies of your claim and other related documents must be provided to all defendants named in your case. You have the following options to serve your Summons/Notice to Appear and other court documents:

  • Certified Mail/Return Receipt issued by the Clerk & Comptroller (Current rates apply and are subject to postal increases.)

  • Process Servers


Mailing costs are payable to the Clerk & Comptroller and may be included with the filing fee. Small Claims/County Filing Fees
Payment for Fees and Costs

Payment for Fees and Costs
  • Payment for Clerk & Comptroller's filing fees or other services may be submitted in cash, personal in state check with proper identification, in state business check, money order, bank check, Visa or Master Card. All payments for fees and costs must be remitted in US currency.

    DO NOT SEND CASH THROUGH THE MAIL


    Checks for filing fees must be made payable to:

    Paula S. O'Neil, Clerk & Comptroller



Department Contact Information

DADE CITY NEW PORT RICHEY

Paula S. O'Neil
Clerk and Comptroller
Small Claims Department
38053 Live Oak Avenue
Suite 205
Dade City, FL 33523-3894
(352) 523-2411 Ext. 2211
8:30am-5:00pm
Monday-Friday




Directions

Paula S. O'Neil
Clerk and Comptroller
Small Claims Department
Mailing Address
P.O. Box 338
New Port Richey, FL 34656-0338
Physical Location:
7530 Little Road
New Port Richey, FL 34654
Suite 105
(727) 847-2411 Ext. 2211
8:30am-5:00pm
Monday-Friday
Directions