Filing a Small Claims Case

Small Claims Court is a simplified procedure for resolving civil disputes involving amounts less than $8,000. Small claims forms are available at the St. Johns County Clerk of the Circuit Court and Comptroller’s office or on our website https://stjohnsclerk.com/courts/small-claims. You may file by mail, in person, or via https://www.myflcourtaccess.com.

Who can file a small claims case?

• Anyone 18 years of age or older
• A parent or guardian for anyone under 18 years of age
• Anyone having a claim not exceeding $8,000

 

What happens after the filing of a small claims case?

Each person or business being sued must be served with a Summons or Notice to appear in court on the date and time shown on the summons or notice. This court date will be a pre-trial conference and parties should be prepared to present their case in court.

What is a pre-trial conference?

A pre-trial conference is an informal process to determine if there is a cause of action. If so, the court will refer the case to mediation. A trained mediator will try to negotiate a settlement before the case goes to trial. If the dispute is settled, it goes to the judge for approval without delay. If the dispute remains unsettled, a trial date will be set by the court. If you cannot be present at the pre-trial conference an attorney may represent you, a continuance may be arranged between both parties, and a motion for continuance may be filed with the court.

What happens if a dispute goes to trial?

If a small claims dispute goes to trial, the court will schedule a trial date and the parties must appear at the trial with all witnesses and documentation.  At the trial, both parties will have an opportunity to explain the case to the judge.  Witnesses will also have a chance to testify.

Small Claims Filing Fees

Filing fees vary depending on the amount of the claim requested and are subject to annual change by legislative action. Please note: Fees are non-refundable but may be recovered later through the defendant.

• Claims less than $99.99 are charged a filing fee of $55
• Claims from $100–$500 are charged a filing fee of $80
• Claims from $501–$2,500 are charged a filing fee of $175
• Claims from $2,501–$8,000 are charged a filing fee of $300