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 defendants sued resides.
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.
The various statement of claim forms can be found on the Courts Self-Help Center on the Onlines Services web page.
How To Collect a Judgement Self-Help Center
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) 521-4448 8:30am-5:00pm Monday-Friday Directions |
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) 847-8176 8:30am-5:00pm Monday-Friday Directions |
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
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.)
- Pasco County Sheriff service fee per defendant (Out of Pasco
County service costs will vary from county to county.)
- Process Server (requires a Court Order)
Mailing costs are payable to the Clerk & Comptroller and may be included with the filing fee and summons fee. Costs for Sheriff's service is paid with a separate check made payable to the Sheriff and is remitted at the time of filing. 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
- Checks for Sheriff's service must be made payable to:
Pasco County Sheriff OR to the Sheriff of the County where the defendant(s) is (are) to be served. Some Sheriff's Offices will not accept a personal check. You should contact the appropriate county prior to filing your case.
DO NOT BRING CASH FOR THE SHERIFF.