Small Claims Court in Polk County

In Polk County, FL small claims cases are filed in Civil Court. Polk County has one Civil Courthouse that handles 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 Polk Court System.

Small Claims

If you're dealing with a legal dispute involving $8,000 or less (not including court costs, interest, or attorney fees), you can file a small claims case in county court. Small claims court is often called “the people’s court” because it’s designed to be simple and accessible—no lawyer is required.

To file in Polk County, the dispute must have happened here, or the person you're filing against (the defendant) must live in Polk County.

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.

While the Clerk's office staff can’t give legal advice, they are happy to help by providing the forms you’ll need to get started.

Cases Handled in Small Claims Court

Small Claims Court is designed to handle a wide range of everyday legal disputes. Some common examples include:

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

If your issue involves $8,000 or less (excluding interest, court costs, and attorney fees), Small Claims Court might be the right place to resolve it.

Filing

When filing a Small Claims case, it’s important to make sure you’re naming the correct person or business in your claim. Double-check that you have the full legal names and current addresses for everyone involved.

If you’re filing against a business, you’ll need to find the company’s legal information, including the name of their Registered Agent (the person who accepts legal papers on their behalf). You can get this information by calling the Florida Secretary of State at (850) 245-6051 or visiting www.sunbiz.org.

Also, don’t forget to bring copies of any documents that support your case—like contracts, receipts, or photos. The court needs one copy for the file and one copy for each person or business you're suing.

Summons and Service Fees

After you file your case, the defendant must be officially notified through a legal process called "service of summons." You have two main options for serving the summons:

1. Certified Process Server or Sheriff’s Office
   • In Polk 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 payable to the Polk County Sheriff.
   • If the defendant lives outside Polk County, you’ll need to contact the Sheriff’s Office in their county for instructions and service fees.
2. Certified Mail (Florida Residents Only)
   • You can choose to have the summons sent by Certified Mail if the defendant lives in Florida.
   • 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 initial attempt fails, you can request what’s called an alias summons from the Clerk for $10.00 per defendant.
• If you're still using the Duval County Sheriff for service, the $40.00 service fee still applies for each additional attempt.

Pretrial

Once your case is filed, the court will schedule a pretrial hearing, and all parties must attend. At the hearing, the Clerk will call your case. If both you and the defendant are present, the defendant will be asked whether they admit or deny owing the debt.

If the defendant hasn’t been served before the hearing, the case can’t move forward. In that situation, you can request an alias summons from the Clerk’s Office for $10.00 per defendant and try serving them again.

Mediation

During your scheduled pretrial conference, you may have the opportunity to participate 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 make decisions or take sides; they’re just there to guide the conversation.

The goal is to find a solution that both parties can agree on. You can choose to have an attorney with you, but it’s not required. If you’re able to come to an agreement, your case can be resolved without going to trial.

If you can’t reach a full agreement, the issues that remain will be scheduled for trial. Keep in mind that everything discussed during mediation is confidential, unless the law requires or allows it to be shared.

Trial

If you and the defendant decide not to mediate, or if you’re unable to reach an agreement during mediation, your case will move forward. The court will schedule a trial date, and you’ll need to be fully prepared.

At trial, you must bring all of your evidence and any witnesses who can support your case. You’ll have the opportunity to:

• Tell your side of the story directly to the Judge
• Question the defendant about the dispute
• Present documents, such as contracts, receipts, or photos—especially those discussed at the pretrial conference

Court Fees

Here’s a summary of general fees:

Appellate Proceedings

• Examining, comparing, correcting, verifying, and certifying transcripts: $5.00
• Preparing, numbering, and indexing original appellate record: $3.50

Public Records & Document Copies

• Certified copies (Public Record): $2.00
• Verifying a document prepared by someone other than the Clerk: $3.50
• Photographic copies (≤ 14" x 8.5"): $1.00 per page
• Photographic copies (> 14" x 8.5"): $5.00 per page
• Microfilm copy (16mm, 100 feet – Court use only): $42.00
• Microfilm copy (35mm, 100 feet – Court use only): $60.00
• Microfiche (Court use only): $3.50
• Non-photographic copies (per page): $6.00

Certificates & Authentications

• Writing paper, copying, signing, and sealing: $7.00
• Indexing entry not recorded: $1.00
• Oath (administering, attesting, sealing): $3.50
• Validating certificates: $3.50
• Notary fee: $10.00
• Exemplified certificate (signed and sealed): $7.00
• Authenticated certificate (signed and sealed): $7.00

Subpoenas, Bonds & Other Services

• Issuing and filing a witness subpoena: $7.00
• Signing and sealing only: $2.00
• Approving bond: $8.50

Record Searches & Sealing

• Searching records: $2.00 per year
• Sealing court file / expunging record: $42.00

Restitution & Compliance

• Receiving/disbursing restitution payments: $3.50 per payment
• Indexing and recording Motor Vehicle Act compliance: $10.00

Liens & Judgments

• Transfer of lien: $20.00
• Each additional lien on same security: $10.00
• Recording foreign judgment notice: $42.00

After Filing

Once you file your case, each person or business you’re suing must be officially served with a summons or notice to appear—this includes the date and time of the hearing.

At the hearing, you’ll have a chance to take part in the County Court Mediation Program. Mediation gives both sides a chance to resolve the dispute without going to trial. It’s a helpful, informal way to reach an agreement with the other party, guided by a neutral mediator.

However, if you and the defendant choose not to mediate, or if mediation doesn’t lead to a full agreement, be ready to move forward. The court will schedule a trial, and you’ll need to attend.

At trial, be prepared to:

• Bring all witnesses who support your case
• Provide documents and evidence (such as contracts, receipts, photos)
• Explain your side of the story to the Judge
• Ask the defendant questions related to your claim
• Present the same documentation discussed at your pretrial hearing
• Being organized and ready can make a big difference in how smoothly your case goes.

Judgment

If you and the other party reach a settlement at any point during the case, it’s the plaintiff’s responsibility to notify the Clerk of Court’s Office in writing that the matter has been resolved.

The Clerk provides an information sheet in the Small Claims Packet with details on how to collect a judgment if one is awarded. Keep in mind that collecting on a judgment can be complicated, and you may want to consult an attorney for help navigating the process.

It's also important to note that the court does not collect the judgment for you—you’ll need to take the necessary steps to enforce it yourself.

What to Do 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 apply for a certified copy of the final judgment and a writ of execution at the Clerk’s Office.

• Interest on judgments accrues 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. Recording creates a possible 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 to issue the writ, but the Sheriff’s Office charges a fee and requires a deposit before carrying out any levy (seizing property).
• You may also file a garnishment against the defendant’s wages (if they are not the head of a family), bank accounts, or money/property held by a third party on the defendant’s behalf.

Once the judgment is entered, recorded, and the writ of garnishment issued, the court cannot assist further with enforcing your claim. The court does not locate the defendant’s property or guarantee collection of the money owed. Enforcement is your responsibility, following the steps described above.

Collect Judgment

If the court awards you money in a judgment, it’s up to you to collect it—the court does not collect money on your behalf.

Because the collection process can be complicated, you may want to consult an attorney for guidance. Another option is to file your judgment with the Florida Secretary of State to help enforce collection.

To do this, you can:

• Visit the Florida Division of Corporations website at www.sunbiz.org
• Call 1-850-245-6000 for assistance
• Or send your filing to:
  • Department of State
    Division of Corporations – Judgment Lien Filings
    P.O. Box 6250
    Tallahassee, FL 32314

Filing your judgment as a lien may increase your chances of collecting what you’re owed.

File a Lien against the Defendant’s Property

If you win your case and want to place a lien on the defendant’s individually owned real estate, you’ll need to:

1. Obtain a certified copy of your judgment from the Clerk of Court.
2. Record the judgment in the official records at the Clerk’s Recording Department.

This creates a judgment lien against the defendant’s property, which may help you collect what you're owed if they try to sell or refinance it.

Recording fees are set by state law and may change, so it’s a good idea to contact the Clerk’s Recording Division directly for the most up-to-date fee information.

Courthouse Locations:

Polk County Small Claims Court in Bartow, Florida

255 N. Broadway Ave.
Bartow, FL 33830
(863) 534-4000
https://www.fljud13.org/CourthouseDirections.aspx

BUILDING HOURS

• Monday - Friday 8:00AM - 4:30PM, except court holidays.

CITIES SERVED

• Lakeland
• Poinciana
• Winter Haven
• Haines City
• Auburndale
• Bartow
• Davenport
• Lake Wales
• Highland City
• Medulla
• Lakeland Highlands
• Cypress Gardens
• Lake Alfred
• Inwood
• Loughman
• Willow Oak
• Dundee
• Jan Phyl Village
• Crystal Lake
• Kathleen
• Fort Meade
• Fussels Corner
• Eagle Lake
• Combee Settlement
• Mulberry
• Wahneta
• Frostproof
• Grenelefe
• Alturas
• Polk City
• Crooked Lake Park
• Lake Hamilton
• Babson Park
• Indian Lake Estates
• Bradley Junction
• Hillcrest Heights
• Homeland
• Waverly

Let Squabble Help You With Your Small Claim at Polk 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 Polk 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.