Small Claims Court in Brevard County

In Brevard County, FL small claims cases are filed in Civil Court. Brevard County has five Civil Courthouses that handle small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Brevard Court System.

Small Claims

A Small Claims case is a legal way to resolve minor disputes in county court when the amount of money involved is $8,000 or less (not including costs, interest, or attorney fees). Because Small Claims Court is known as the “people’s court,” you don’t need a lawyer to file a claim—though you’re welcome to have one if you want.

You can get the forms to file your case at the County Civil Department in the Clerk’s Office or right here on our website.

The main form you’ll use is called the Statement of Claim. You can sign this form at the Clerk’s Office in front of a Deputy Clerk, or if you sign it elsewhere, it must be notarized.

Your case needs to be filed in the county where the incident happened. If you file in the wrong county, the defendant can ask the court to move the case to the correct location.

Anyone 18 or older, or anyone doing business as a company, can file a small claims case. Parents or guardians can also file on behalf of a minor. Everyone involved in the case must come to the Clerk’s office to sign the required forms in front of a deputy Clerk. If a document isn’t signed in front of a Clerk, it must be notarized.

Cases Handled in Small Claims Court

Small Claims Court deals with lots of everyday legal disputes, such as:

• Disagreements over written or verbal contracts
• Getting back a down payment that wasn’t honored
• Damage to your car or property from an accident
• Loss or damage to personal belongings
• Problems with defective products or poor-quality services
• Not being paid for work you’ve done
• Claims related to bounced checks
• Disputes over unpaid rent
• Trying to get your security deposit back from a landlord

If your case involves $8,000 or less (not counting interest, court costs, or attorney fees), Small Claims Court could be the right place to handle it.

Filing

When you file a Small Claims case, it’s really important to name the correct person or business in your claim. Double-check that you have their full legal names and current addresses before submitting your paperwork.

If you’re suing a business, you’ll need the company’s legal details—including the name of their Registered Agent, who is the person authorized to accept legal documents for the business. You can find this information by calling the Florida Secretary of State at (850) 245-6051 or by visiting www.sunbiz.org.

Also, make sure to bring copies of any documents that support your case, like contracts, receipts, or photos. You’ll need to provide one copy for the court file and one copy for each defendant.

Summons and Service Fees

After you file your case, the defendant must be officially notified through a process called “service of summons.” You have two main ways to do this:

1. Certified Process Server or Sheriff’s Office
   • In Brevard County, the Sheriff can serve the summons for $40.00 per defendant.
   • This fee must be paid separately—in cash, cashier’s check, or money order made out to the Brevard County Sheriff.
   • If the defendant lives outside Brevard County, you’ll need to contact the Sheriff’s Office in that county for their specific instructions and fees.
2. Certified Mail (Florida Residents Only)
   • If the defendant lives in Florida, you can choose to have the summons sent by Certified Mail.
   • You’ll be responsible for paying any postal fees charged by the Clerk’s Office for this service.

What if the Defendant Isn’t Served?

• If the first attempt doesn’t succeed, you can ask the Clerk for an alias summons for $10.00 per defendant.
• If you’re using the Duval County Sheriff for service, the $40.00 fee still applies for each additional attempt.

Pretrial

After you file your case, the court will set a pretrial hearing, which both you and the defendant must attend.* When your case is called, the Clerk will ask the defendant if they admit or deny owing the debt.

If the defendant has not been served before the hearing, the case cannot proceed. In that situation, you can ask the Clerk’s Office for alias summons for $10.00 per defendant and then try to serve them again.

Mediation

During your pretrial conference, you might be offered the chance to take part in mediation. Mediation is an informal process where a neutral third party—the mediator—helps both sides talk through their dispute and try to reach an agreement. The mediator doesn’t decide the outcome or take sides; they simply guide the conversation.

The goal is to find a solution that works for both parties. You can bring an attorney if you want, but it’s not required. If you do reach an agreement during mediation, your case can be settled without going to trial.

If you don’t fully agree, any unresolved issues will be scheduled for a trial. Remember, everything said during mediation is confidential, unless the law says otherwise.

Trial

If you and the defendant choose not to mediate—or if mediation doesn’t resolve the case—your case will move forward to trial. The court will set a trial date, and it’s important that you come fully prepared.

At the trial, be sure to bring:

• All your evidence
• Any witnesses who can support your side

During the trial, you’ll get to:

• Explain your side of the story directly to the Judge
• Ask the defendant questions about the dispute
• Present important documents like contracts, receipts, or photos, especially those you talked about during the pretrial conference

Court Fees

Filing Fees

• Civil Action (claims over $5,001 up to $15,000): $300.00
• Small Claims ($2,501 – $5,000): $300.00
• Small Claims ($501 – $2,500): $175.00
• Small Claims ($501 – $1,000) with claim for Replevin: $130.00
• Small Claims ($101 – $500): $80.00
• Small Claims ($101 – $500) with claim for Replevin: $130.00
• Small Claims ($1 – $100): $55.00
• Small Claims ($1 – $100) with claim for Replevin: $130.00
• For each defendant over 5 (per defendant): $2.50

Additional Fees:

• Garnishments, Attachments, Replevins & Distress Pleadings: $85.00
• Removal of Tenant: $185.00
• Foreign Judgment, signing executions on: $42.00
• Nonresident plaintiff – bond to file case: $100.00
• Reopen Case fee (claims less than $500): $25.00
• Reopen Case fee (claims greater than $500): $50.00
• Foreclosure – conduct sale, issue and record title: $70.00
• Filing Cross-claim, counterclaim, or third-party complaint (if claim exceeds $2,500): $295.00
• Issuing Summons (per summons): $10.00

After Filing

Once your case is filed, every person or business you’re suing must be officially served with a summons or notice to appear, which includes the date and time of the hearing.

At the hearing, you’ll have the opportunity to participate in the County Court Mediation Program. Mediation is an informal process where a neutral mediator helps both sides try to resolve the dispute without going to trial. It’s a useful way to work out an agreement together.

If you and the defendant decide not to mediate, or if mediation doesn’t result in a full agreement, be prepared to move forward. The court will schedule a trial, which you must attend.

At trial, be sure to:

• Bring all witnesses who support your case
• Provide any documents or evidence like contracts, receipts, or photos
• Clearly explain your side to the Judge
• Question the defendant about your claim
• Present the same documents you discussed at the pretrial hearing
• Staying organized and prepared can really help your case run smoothly.

Judgment

If you and the other party settle your case at any time, it’s important that the plaintiff notifies the Clerk of Court’s Office in writing to let them know the matter is resolved.

The Clerk’s Office provides an information sheet in the Small Claims Packet that explains your options for collecting a judgment if one is awarded. Keep in mind, collecting on a judgment can be complicated, so you may want to consult an attorney for guidance.

Also, remember that the court does not collect the judgment for you — you’ll need to take the necessary steps to enforce it yourself.

After a Judgment Is Entered in Your Favor

If the court rules in your favor or enters a default judgment because the defendant didn’t show up, you can request a certified copy of the final judgment and a writ of execution at the Clerk’s Office.

• Judgments earn interest annually (not compounded), at a rate set by Florida law.
• You may record a certified copy of your judgment in Polk County or any Florida county where the defendant lives or owns property. Doing this can create a lien on the defendant’s real estate for up to 10 years. To extend the lien beyond 10 years, check with the Clerk’s Office.
• A Writ of Execution can be requested 10 days after the judgment is entered. There’s no fee from the Clerk’s Office for issuing the writ, but the Sheriff’s Office charges a fee and requires a deposit before they carry out a levy (seizing property).
• You can also file a garnishment to collect money from the defendant’s wages (if they’re not the head of a family), bank accounts, or from a third party holding money or property for the defendant.
• Important: Once the judgment is entered, recorded, and any writs of garnishments are issued, the court cannot help further with collecting the money. The court doesn’t find the defendant’s property or guarantee you’ll collect what you’re owed. Enforcing the judgment is your responsibility, following the steps outlined above.

Collect Judgment

When you win a money judgment, you get a court order saying how much the losing party (called the judgment debtor) owes you, the judgment creditor. If the debtor doesn’t pay voluntarily, you have the right to ask the sheriff to seize their property to satisfy the debt. This is called a levy. After the sheriff seizes the property, they will sell it at auction and pay you from the sale proceeds. This process is called execution.

Step 1: Record a Judgment Lien Certificate

Right after getting your judgment, it’s a smart idea to record a Judgment Lien Certificate with the Florida Department of State. This creates a lien on the debtor’s real property and helps protect your priority as a creditor. While it’s not mandatory, filing early is important so you don’t lose your place to other creditors.

Step 2: Locate Seizable Property

You need to find property the sheriff can legally seize. The sheriff won’t do this for you.

• Real property: land and buildings
• Personal property: cars, boats, furniture, jewelry, etc.
• Exempt property:
  • A person’s homestead (primary home) cannot be seized.
  • The debtor can exempt up to $1,000 in personal property and one motor vehicle worth up to $1,000.
• If the judgment is against a corporation or partnership, the sheriff can seize all their property.
• Only property actually owned by the debtor can be seized—not leased or owned by others.

Step 3: Get a Writ of Execution

Take your judgment to the Clerk of Court and request a Writ of Execution. This is an official order directing the sheriff to seize the debtor’s property to satisfy your judgment. Then:

• Deliver the writ to the sheriff’s office where the property is located.
• Provide Instructions for Levy describing the property and its location.
• Deposit money with the sheriff to cover their fees (you get this back if the levy is successful).

Step 4: Check for Other Creditors

Before the property sale, check for any other liens or secured interests against the debtor:

• Search judgment liens at www.sunbiz.org
• Search UCC security interests at www.floridaucc.com
• You must notify all prior lien holders and creditors about the sale and provide the sheriff with a signed affidavit listing these liens.

Step 5: Property Sale

The sheriff will:

• Advertise the sale in a local newspaper.
• Hold a public auction at the specified time and place.
• Accept bids and sell the property to the highest bidder for cash.
• You may participate in the auction and bid if you want.

Step 6: Distribution of Sale Proceeds

• The sheriff pays out the money in this order:
  1. Sheriff’s fees and costs (if these are covered, you get your deposit back).
  2. $500 to you for your costs (regardless of your actual expenses).
  3. Creditors with liens filed before yours get paid in order of their lien filing date.
  4. You get paid if any money remains after prior liens are satisfied.
  5. If the funds run out before reaching you, you receive nothing further.

Why file your Judgment Lien early?

If you don’t record your lien promptly, another creditor could file first and get paid before you. The sheriff pays liens in the order they are filed, so early filing improves your chances of recovering money.

Let Squabble Help You With Your Small Claim at Brevard County

Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at Brevard County small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.

##Courthouse Locations:

1. Brevard County Clerk of Court

400 South Street,
Titusville, FL 32780
(321) 637-5413
https://www.brevardclerk.us/small-claims

BUILDING HOURS

• Monday - Friday 8:00AM - 5:00PM, except court holidays.

2. Viera Courthouse

2825 Judge Fran Jamieson Way
Melbourne, FL 32940
(321) 637-5413
https://www.brevardclerk.us/small-claims

BUILDING HOURS

• Monday - Friday 8:00AM - 5:00PM, except court holidays.

3. Merritt Island Office

2575 N Courtenay Pkwy #129
Merritt Island, FL 32953
(321) 637-5413
https://www.brevardclerk.us/small-claims

BUILDING HOURS

• Monday - Friday 8:00AM - 5:00PM, except court holidays.

4. Melbourne Office

51 Nieman Ave #100
Melbourne, FL 32901
(321) 637-5413
https://www.brevardclerk.us/small-claims

BUILDING HOURS

• Monday - Friday 8:00AM - 5:00PM, except court holidays.

5. Palm Bay Office

County Service Complex, 450 Cogan Dr.
Palm Bay, FL 32909
(321) 637-5413
https://www.brevardclerk.us/small-claims

BUILDING HOURS

• Monday - Friday 8:00AM - 5:00PM, except court holidays.

CITIES SERVED

• Orlando
• Palm Bay
• Melbourne
• Titusville
• Merritt Island
• West Melbourne
• Rockledge
• Sebastian
• Port St. John
• Cocoa
• Viera West
• Viera East
• Cocoa Beach
• Satellite Beach
• North Merritt Island
• Cape Canaveral
• Micco
• Indian Harbour Beach
• Mims
• South Patrick Shores
• Cocoa West
• Grant-Valkaria
• June Park
• Melbourne Beach
• Malabar
• Indialantic
• Tropical Park
• Sharpes
• Patrick AFB
• Palm Shores
• Scottsmoor
• Melbourne Village
• West Canaveral Groves