Small Claims FAQs

Is a lawyer necessary?

No, it is not necessary to have a lawyer. Small claims court is often referred to as a "people's court," and a lawyer is not required. If you believe you need a lawyer, you should seek guidance from a member of the Florida Bar. Here are resources that may be of help to you:

Sarasota County Bar Association

Legal Aid of Manasota

Where do I file a small claims case?

In Sarasota County, small claims cases may be e-filed through the Florida Courts e-Filing Portal, or filed in person at one of our office locations:

!! Filers should check the 12th Judicial District Circuit Court, Administrative Order 2024-17.2, to determine whether their case assignment is to North County or South County.

Historic Courthouse in Sarasota

South County Courthouse in Venice

Who can file a small claims case?

  • An individual (18 years and older)
  • A partnership - each partner’s full name, address, and phone number are required
  • A corporation - full legal business name, address, and phone number are required
  • A parent or guardian may file on behalf of a minor child.
  • DBA – Doing Business As

The above information must also be provided for the party against whom a claim is filed.

What does it cost to file a small claims case?

The initial filing fees are listed below. In addition to the fees listed below, credit card transactions are subject to a 3.5% non-refundable fee, assessed by a third-party payment processor.

Small Claims Fee 
Fee for claims < $100.00 $55.00 
Fee for claims $100.01 - $500.00 $80.00
Fee for claims $500.01 - $2,500.00 $175.00
Fee for claims $2,500.01 - $8,000.00 $300.00 

 

What information do I need to file a small claims case?

You need to know who you did business with and you are required to provide the complete names, addresses, phone numbers, and business name (if applicable) of both the plaintiff and defendant.

Copies of any contracts, notes, leases, receipts or other evidence you have in support of your claim must be furnished to each person you are suing as well as to the court.

What happens after I file my small claims case?

After a small claims case is filed, each person or business you are suing must be served with a Summons/Notice to Appear in court on the date and time scheduled.

  • This court date will be a mediation/pre-trial conference, and you should be prepared to present your case.
  • If the dispute cannot be settled at the mediation/pre-trial conference, a trial date will be scheduled.
  • The defendant must be Served with a Summons/Notice to Appear (see below)
  • Service can be by the Sheriff, a private process server, or by certified mail
  • You must appear at the trial with all witnesses and documentation of your claim.

3 Ways to Serve the Summons/ Notice to Appear:

  • Service by Sarasota County Sheriff: If the defendant resides in Sarasota County, the Sheriff charges a fee per defendant to serve the Notice to Appear. Visit the Sheriff’s Office website for information on what to bring when requesting a summons or notice.
  • Service by Certified Mail: For Florida residents only. Certified delivery may be arranged and paid for at our office in Sarasota or Venice. Make checks payable to the Clerk of the Circuit Court and County Comptroller.
  • Service by a Private Process Server: Price varies by agency.

How do I Serve a defendant who lives in a county other than Sarasota County?

  • Contact the Sheriff’s Department where the defendant resides and ask for the Civil Division.
  • Inquire about what the requirements are for Service in that county.
  • When sending a Service Packet to the out-of-county sheriff’s office, be sure to include a postage-paid envelope addressed to the Sarasota Clerk of Court for the return of Service.

Can I have a jury trial for my small claims case?

Yes, a trial by jury may be requested by the plaintiff in writing at the time the case is filed.

The defendant may request a jury trial within five days after service of the Notice to Appear or at the mediation/pre-trial conference.

What happens to my case if a settlement is reached?

If a settlement is reached between the parties at any time in the proceeding, the plaintiff must notify the Sarasota Clerk and Comptroller's Office in writing.

How do I file a lien against the defendant's property?

  • Obtain a Judgment from the Court
  • Purchase a certified copy of the Judgment
  • Record the certified copy in the Official Record, paying the recording fee

For further information, call (941) 861-7400 and follow the prompts to Civil Court Customer Service.