Seven-Day Notice Guides – Small Claims Guide
When renting property or dealing with seven-day notices, most people think of formal, larger-scale court actions. However, sometimes disputes involve smaller sums of money or more straightforward issues, which may make small claims court an option. Whether you are a landlord or a tenant—or if you are simply someone considering legal action for a smaller dispute—understanding the small claims process can help you see what to expect before diving in.
In each county, small claims cases are governed by specific rules, forms, and procedures. Before you decide to pursue the small claims route, talk to a skilled small claims lawyer in Florida about all your options, the filing procedures, and the possible pitfalls of a small claims case.
Mistakes in paperwork, failure to serve notices correctly, or misunderstandings about court rules can all lead to needless delays or even dismissal of a case. There might be other methods of resolving the matter, which your landlord-tenant attorney can handle. It is best to explore every avenue before taking action.
What Is Small Claims Court?
Small claims court is a county court division that handles disputes where the amount in question falls below a certain limit. According to Florida state law, this limit is generally up to $8,000, not including court costs, interest, or attorneys’ fees. People often turn to small claims court for issues like unpaid rent, damage to a rental property, security deposit disputes, or other conflicts involving smaller sums of money.
Unlike more extensive civil cases, small claims courts aim to offer a quicker, more streamlined process. Procedures are typically simpler, and the timeline can be shorter than standard litigation. However, do not be fooled: even though it’s called “small claims,” the rules can still be strict, and you must follow the proper filing procedures for your claim to move forward.
Because many small claims disputes involve landlord-tenant issues or other consumer claims, it is not uncommon for a party to have also issued a seven-day notice at some point. Small claims might be an avenue to consider if your goal is to recover costs or prove a debt. However, you should confirm whether small claims court is appropriate for your particular case, especially if complex legal or factual issues exist. If in doubt, consult a landlord-tenant lawyer.
An Example: The Miami-Dade Small Claims Jurisdiction
Small claims can only be brought in the county where at least one of these conditions applies:
- The defendant (the party you’re suing) resides in that county.
- The cause of action (the event or incident giving rise to the claim) happened there.
- The property in question is located there.
For Miami-Dade County, that means your dispute must have a strong connection to Miami-Dade in some way. If you are unsure where to file, check with a landlord-tenant attorney. Filing in the wrong county can result in a dismissed case or wasted fees.
According to Rule 7.010 of the Florida Rules of Court and Chapter 34 of the Florida Statutes, a claim up to $8,000—excluding costs, interest, and attorney’s fees—falls under small claims. It is also important to confirm that your claim does not exceed this amount. If it does, you might need to file in a different division of the court.
Trying to Resolve Disputes Before Filing
Miami-Dade County officials and many judges suggest that lawsuits should be a last resort. They recommend trying to resolve conflicts on your own or through alternative dispute resolution methods such as arbitration or mediation. In a landlord-tenant context, sometimes simply talking to the other side can solve minor problems before they escalate into a court case. You might also send a written letter that clearly outlines your position and the relief you are seeking.
Should you decide to sue in small claims court, you will need to show that you made a reasonable effort to handle the matter beforehand. For instance, if you’re a landlord, you might have already served a seven-day notice or asked the tenant to pay outstanding rent before filing. On the tenant side, you might have sent written requests for repairs or the return of a security deposit. Documenting these efforts can show the court that you acted in good faith.
Filing Costs and Fees
Filing a small claims case involves certain fees. For example, the filing fees in Miami-Dade County Small Claims include:
- Filing fee for claims under $100: $55
- Filing fee for claims between $100.01 and $500: $80
- Filing fee for claims between $500.01 and $2,500: $175
- Filing fee for claims between $2,500.01 and $8,000: $300
Beyond the filing fee, you will also have to pay a service fee to summon the defendant(s) to court. These costs can sometimes be reclaimed if you win your case and the judge orders the defendant to pay them back. However, collecting on that judgment is a separate process, which might require extra steps if the defendant doesn’t pay willingly.
Where and How to File
You can typically file your small claims case at the Miami-Dade County Courthouse or one of its district court locations. The Clerk’s Office in Room 137 of the main courthouse might help you with some of the paperwork. You can also find the necessary forms online, print them, and bring them in. The county’s DIY Florida Interviews site can also guide you through creating some forms, but it’s best to double-check everything if you use an automated system.
When filing, you will need:
- Your Statement of Claim (properly filled out).
- Any supporting documents (receipts, photos, or correspondence).
- Payment for the filing fee (cash, check, or other forms accepted by the Clerk’s Office).
Remember, the staff at the Clerk’s Office can answer basic questions about where to file and how much it will cost, but they cannot give you legal advice. If your situation is complicated—for example, if you’re suing multiple defendants or your claim is close to the $8,000 limit—consult a landlord-tenant lawyer to ensure you are filing correctly.
Serving the Defendant
Once you have filed your Statement of Claim, the next critical step is “service.” You cannot move forward with your case until the defendant has been officially notified. In Florida, the most common methods are:
- Personal Service by the Sheriff’s Office or a private process server.
- Substitute Service at the defendant’s home, under certain circumstances (e.g., leaving the papers with someone 15 years or older who resides at the property).
- Certified or Registered Mail (but only in specific situations allowed by the court).
If you are suing a business, make sure you know whether it is incorporated. You will need the exact legal name and the name and address of a corporate officer or the registered agent. You can check this information with the Florida Department of State, Division of Corporations (often referred to as Sunbiz). If the business is using a different, “fictitious” name, you must also figure out the owner’s actual name and address to serve the correct person or entity.
Getting service right is crucial. If the defendant is not properly served, they can ask the court to dismiss or delay your case. A landlord-tenant lawyer can ensure the service follows the legal requirements, saving you from re-filing and paying additional fees.
Pre-Trial and Trial
After your paperwork is processed, the court will schedule a pre-trial conference. The date might be assigned right away when you file, or you might receive notice by mail. It is essential to attend this pre-trial conference. If you skip it, the court can dismiss your case. If the defendant doesn’t show up, you might receive a default judgment in your favor—though you will still need to follow the correct legal steps to finalize it.
At the pre-trial conference:
- You might meet a judge or a mediator.
- You might have an opportunity to settle your dispute without a trial.
- You can discuss the case with the defendant and try to resolve the conflict quickly.
If you cannot reach an agreement during the pre-trial conference, the court will give you a trial date. This is when each side presents evidence and witnesses before the judge. In a small claims trial, the rules of evidence are somewhat more relaxed than in bigger civil cases, but you still need to show relevant proof of your claim. If you are alleging property damage, bring photos, invoices, and receipts. If you are seeking unpaid rent, bring your lease agreement and bank statements.
Possible Outcomes
If the judge rules in your favor at trial, you will receive a Final Judgment. This document states the amount the defendant owes you. Keep in mind that obtaining a judgment is only half the battle. Collecting on that judgment can be another challenge entirely. You may need to pursue post-judgment measures like wage garnishments, bank garnishments, or liens on property. These procedures can be complicated, and many people choose to hire a landlord-tenant lawyer at this stage to ensure they do not miss any legal steps.
Conversely, if the judge rules against you or feels your case lacks merit, you might walk away with nothing. Sometimes, the judge might dismiss the claim if critical paperwork is missing or you did not follow the rules correctly. Because of these risks, it is often best to consult a landlord-tenant attorney before you file, especially if the dispute involves complicated facts or multiple defendants.
Post-Judgment Procedures
Remember, a Final Judgment does not automatically mean the defendant pays you. You might have to take extra steps to enforce the judgment. These can include:
- Filing a motion for a writ of garnishment (to collect from the defendant’s wages or bank account).
- Recording a lien on the defendant’s property.
- Asking the court for a writ of execution to seize certain assets, though this is rare in small claims unless the defendant has substantial property.
Many small claims plaintiffs find that collecting money is the hardest part of the process. Even a favorable judgment can feel hollow if the defendant simply refuses to pay and hides assets. Depending on your situation, it might be prudent to talk to a landlord-tenant lawyer who can explain your collection options so you can best decide which path makes sense.
The Role of Seven-Day Notices in Small Claims
If you are a landlord dealing with tenants who owe rent or have caused property damage, you might have already used a seven-day notice to demand compliance or to terminate the lease. In some cases, a seven-day notice can be part of the paper trail you present in small claims court. For instance, if the tenant caused damage and ignored your notice, you might sue for repair costs. Similarly, if the tenant refuses to pay rent after receiving a notice, you can use small claims court to recover the owed amount (if it’s within the $8,000 limit).
However, the seven-day notice alone does not automatically win your case. You still need to prove the tenant was liable for the costs, damage, or unpaid rent. Detailed documentation—photos, repair invoices, lease agreements, proof of your demand letters—can make a big difference in court.
Reach Out to Discuss Whether Small Claims is the Right Path
If you are thinking about filing a small claims case or have questions about the process, consult a qualified landlord-tenant attorney to discuss whether small claims is the right path for your situation. They can review your situation and advise on all possible options for relief under Florida landlord-tenant laws.
A landlord-tenant lawyer can identify any filing pitfalls, guide you through serving the defendant properly, and ensure you do not miss crucial details that might jeopardize your case. If you collectively decide that small claims court is not the proper venue for your case, your attorney can handle every step of the legal process elsewhere.
While many people handle small claims on their own, the potential for mistakes is real. Protect your interests by taking advantage of the resources available—both online and through legal consultations. That way, you can move forward with more confidence and avoid the common pitfalls that can derail your case.