Small Claims Court in Sarasota County

In Sarasota County, FL small claims cases are filed in Civil Court. Sarasota County has two 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 Sarasota Court System.

Small Claims

If you're dealing with a minor dispute involving $8,000 or less (not counting court costs, interest, or attorney fees), Small Claims Court might be the right option for you. It's designed to be simple and accessible—so much so that it's often called the “people’s court.” You don’t need a lawyer to file a case, but you’re welcome to have one if you prefer.

Getting Started

You can pick up the forms you need to start your case at the County Civil Department in the Clerk’s Office, or you can download them directly from our website. The main form is called a Statement of Claim. You’ll need to sign it either:

• In person at the Clerk’s Office in front of a Deputy Clerk, or
• Elsewhere, but with a notary's signature to make it official.

Where to File

Your case must be filed in the county where the issue took place. If you file it in the wrong county, the other party (the defendant) can ask the court to move it to the correct one.

Who Can File?

• Anyone 18 or older can file a claim.
• Businesses can file too, under the name they operate.
• Parents or legal guardians can file on behalf of minors.

Everyone involved in the case—whether you're the one filing or being filed against—needs to sign the necessary documents. These signatures must happen:

• At the Clerk’s Office in front of a Deputy Clerk, or
• Elsewhere, but with the documents notarized.

Cases Handled in Small Claims Court

Small Claims Court is designed to help people resolve common, everyday legal disputes quickly and without the need for a lawyer. If you're dealing with a disagreement involving $8,000 or less (not including interest, court costs, or attorney fees), this might be the right place for you.

Here are some of the most common types of cases handled in Small Claims Court:

• Disagreements over written or verbal contracts
• Trouble getting a down payment refunded
• Damage to your car or property from an accident
• Lost or damaged personal belongings
• Defective products or poor-quality services
• Not being paid for work you completed
• Issues with bounced checks
• Unpaid rent disputes
• Problems getting your security deposit back from a landlord

If any of these situations sound familiar, Small Claims Court offers a straightforward and affordable way to seek a resolution.

Filing

When you’re ready to file a Small Claims case, one of the most important steps is making sure you name the correct person or business in your claim. Take a moment to double-check that you have their full legal name and current address—this helps avoid delays and ensures your case is filed properly.

If You’re Suing a Business

You’ll need the business’s official legal information, including the name of their Registered Agent. This is the person or company authorized to receive legal papers on the business’s behalf.

To find this info, contact the Florida Secretary of State at (850) 245-6051 or visit www.sunbiz.org.

Bring Your Supporting Documents

Don’t forget to bring copies of any documents that support your case, such as:

• Contracts or agreements
• Receipts or invoices
• Photos showing damage or proof
• Emails, text messages, or other communications

You’ll need:

• One copy for the court file
• One copy for each person or business you’re suing (the defendant)

Bringing the right paperwork and accurate information can make a big difference in how smoothly your case moves forward.

Serving a Notice to Appear in Small Claims

Once you've filed your case, the next step is making sure the defendant (the person or business you're suing) receives official notice of the court date. This is called "service of process," and it must be done properly to move your case forward. Here are your options:

1. Service by the Sheriff’s Office
   • If the Defendant Lives in Sarasota County:
     • The Sarasota County Sheriff charges $40.00 per defendant.
     • Payment methods accepted:
       • Cash
       • Personal check
       • Business check
       • Money order
       • Certified check

• If the Defendant Lives in Another County:
  • You’ll need to contact the Sheriff’s Office in that county. Be sure to ask:
    • What is the service fee per defendant?
    • What types of payment are accepted (e.g., personal check, money order)?
    • What is your mailing address?
• If you're using a sheriff outside Sarasota County, you must provide:
  • Two pre-stamped envelopes:
    1. One addressed to that Sheriff's Office, with the correct service fee enclosed.
    2. One addressed to:
       Clerk of the Circuit Court and County Comptroller
       P.O. Box 3079, Sarasota, FL 34230-3079

2. Service by Certified Mail (Florida Only)
   • Certified Mail with Restricted Delivery is allowed if the defendant lives in Florida.
   • You must pay the current legal postage rate per defendant.
   • If the defendant refuses or doesn’t accept the mail, your court date will be delayed until service is successful.
   • Checks should be made payable to:
     • Clerk of the Circuit Court and County Comptroller
       (Personal checks are accepted if drawn from a Sarasota County bank and accompanied by a valid driver's license.)
3. Service by Private Process Server
   • You may also choose to hire a Private Process Server.
   • Costs vary by provider, and they must be certified to serve legal papers in the county where the defendant lives.

Important Reminder

No matter which method you choose, proper service is required by law. If service isn’t completed correctly, your case could be delayed or dismissed.

Pretrial

Once you file your small claims case, the court will schedule a pre-trial conference—usually within 50 days of your filing date. This conference is a required step in the process, and you must attend.

Who Can Represent You?

• If you're an individual, you must appear in person.
• If you're a corporation, you may be represented by:
  • An officer of the corporation, or
  • An employee who has been authorized by a corporate officer.

What Happens at the Pre-Trial Conference?

• The judge will first determine whether a valid legal claim exists.
• You’ll have the opportunity to mediate and possibly resolve the dispute without going to trial.
• If the defendant admits to the claim or doesn’t show up, the judge may enter a default judgment in your favor.
• If the defendant contests the claim, the judge will:
  • Schedule a trial date, and
  • Send a written notice to both parties with the details.

What If the Defendant Isn’t Served?

• The pre-trial conference can’t move forward unless the defendant is officially served.
• However, you still have to show up for the pre-trial conference—even if the defendant hasn't been served yet.
• If you can provide updated information to help locate and serve the defendant, the court may reschedule the hearing.

If there are multiple defendants, and at least one has been served, the court will go ahead with the pre-trial for that defendant only. A separate pre-trial will be scheduled if the other defendants are served later.

Mediation

At your pretrial conference, the court may offer you the opportunity to participate in mediation. This is a more informal way to resolve your dispute—no judge, no courtroom drama.

In mediation, a neutral third party called a mediator helps you and the other side talk through the issue. The mediator isn’t there to make decisions or take sides—they’re just there to guide the conversation and help both parties find common ground.

Why Try Mediation?

• It’s less formal and often less stressful than going to trial
• It gives both sides more control over the outcome
• If you reach an agreement, your case can be settled right there, without a trial
• You’re welcome to bring a lawyer, but it’s not required

If you’re unable to fully resolve the issue in mediation, that’s okay. Any remaining disputes will be scheduled for a trial, where a judge will make the final decision.

And remember—everything discussed during mediation is confidential, unless the law requires otherwise. It’s a safe space to try and work things out.

Trial

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

What to Bring to Trial:

• All of your evidence – anything that supports your side of the story
• Any witnesses – people who can speak on your behalf or verify key details
• Important documents – such as contracts, receipts, photos, or written communications (especially anything you referred to during the pretrial conference)

What Happens During the Trial:

• You’ll have the chance to explain your side directly to the judge
• You can ask the defendant questions about the dispute
• You’ll present your evidence clearly and in an organized way

This is your opportunity to make your case and show why the court should rule in your favor. Be clear, stay focused, and bring everything you need to support your claim.

Court Fees

The amount you’ll pay to file depends on the type of case and the amount you're claiming:

Filing Fees for Civil Cases

• If your claim is $100.00 or less, the filing fee is $55.00.
• For claims between $100.01 and $500.00, the fee is $80.00.
• For claims between $500.01 and $2,500.00, the fee is $175.00.
• For claims between $2,500.01 and $15,000.00, the fee is $300.00.
• If your claim is between $15,000.01 and $30,000.00, the fee goes up to $400.00.
• Claims from $30,000.01 to $50,000.00 also have a filing fee of $400.00.

Other Common Filing Fees

• If you're filing a claim under $1,000 along with a replevin (a request to recover property), the total fee is $130.00.
• For starting any garnishment, attachment, replevin, or distress proceedings, the fee is $85.00.
• Issuing a summons costs $10.00 per summons.
  • If you have more than five defendants, it’s an extra $2.50 per additional defendant.
• To file an action to remove a tenant, the fee is $185.00.
• To approve a bond, the cost is $8.50.
• To file a Writ of Garnishment, the fee is $85.00.
• If you're filing a cross-claim, counterclaim, or third-party claim where you're seeking more than $2,500, the fee is $295.00.

Registry of Court Fees

If the court is holding money for your case:

• The first $500.00 deposited is charged 3%.
• Every additional $100.00 is charged 1.5%.

Fees to Reopen a Case

• To reopen a previously closed case involving more than $500.00, the fee is $50.00.
• To reopen a case involving $500.00 or less, the fee is $25.00.
• These fees are set by Florida Statute 34.041(2).

Statute of Limitations

In Florida, there's a time limit for filing a case in Small Claims Court. This is known as the statute of limitations, and it varies depending on what type of case you're bringing. If you file after the deadline, your case can be dismissed—even if you’re legally in the right. Here’s a quick overview of the most common deadlines:

• Written Contracts – You have 5 years to file.
• Oral (Verbal) Contracts – You have 4 years.
• Personal Injury Claims – 4 years (this includes things like car accidents or slip-and-fall injuries).
• Property Damage – 4 years as well.
• Unpaid Wages or Overtime – You have 2 years to make your claim.

Judgment Collection Timeframes:

• Domestic (Florida) Judgments – Valid and enforceable for 20 years.
• Foreign (Out-of-State) Judgments – Must be enforced within 5 years of being filed in Florida.

These rules come from Florida Statutes, Chapter 95.11, which outlines deadlines for many types of civil cases.

Why It Matters

If you’re thinking about filing a claim, don’t wait too long. Once the time runs out, you could lose your right to recover what you’re owed—regardless of how strong your case is.

After Filing

Once your case is officially filed, each person or business you’re suing must be served with a summons or notice to appear. This notice includes the date and time of your hearing and is your first formal step in the legal process.

Pretrial Hearing & Mediation

At the hearing, you’ll have the chance to take part in the County Court Mediation Program. Mediation is a relaxed, informal meeting where a neutral third party (the mediator) helps both sides talk through the dispute and try to reach an agreement—without going to trial.

Mediation is voluntary and helpful, especially if you’re looking for a faster, less stressful resolution. If you and the other party choose not to mediate, or if mediation doesn’t fully resolve the case, your next step will be trial.

Preparing for Trial

If your case goes to trial, it’s important to come prepared. Here’s what you should do:

• Bring all witnesses who can support your side of the story
• Have all relevant documents ready—contracts, receipts, photos, messages, or anything that supports your claim
• Be ready to clearly explain your side directly to the judge
• You’ll also be able to ask the defendant questions about the dispute
• Present any documents you previously shared during the pretrial hearing
• Being organized and fully prepared can make a big difference in how your case goes. The more clearly you can present your side, the better your chances of a smooth and fair outcome.

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 has been resolved. This helps close the case officially.

Collecting on a Judgment

The Clerk’s Office includes an information sheet in the Small Claims Packet that explains your options for collecting a judgment if the court awards one. Keep in mind, collecting money after a judgment can sometimes be tricky, so you might want to consult an attorney for advice.

Important:

The court itself does not collect money for you. It’s up to you to take the necessary steps to enforce the judgment and get paid.

After the Court Rules in Your Favor

If the court decides in your favor—or if the defendant doesn’t show up and a default judgment is entered—you can:

• Request a certified copy of the final judgment from the Clerk’s Office
• Request a writ of execution, which lets law enforcement seize property to satisfy the judgment (you can request this 10 days after judgment)

Some Key Points About Judgments:

• Judgments earn interest annually at a rate set by Florida law (interest is not compounded)
• You can record a certified copy of your judgment in Polk County or any Florida county where the defendant lives or owns property. Doing this can place a lien on their real estate for up to 10 years. You can check with the Clerk’s Office if you want to extend the lien beyond 10 years
• The Clerk’s Office does not charge a fee for issuing a writ of execution, but the Sheriff’s Office will charge a fee and require a deposit before they carry out the seizure of property
• You may also file a garnishment to collect money from the defendant’s wages (if they are not the head of a family), bank accounts, or from a third party holding money or property for them.

Important Reminder

Once the judgment is entered, recorded, and any writs of garnishment or execution are issued, the court cannot assist further with collecting the money. The court does not track down the defendant’s property or guarantee you’ll get paid.

Enforcing your judgment is your responsibility, so be sure to follow the steps above carefully or seek legal advice if needed.

Collect Judgment

When you win a money judgment, the court orders the losing party (called the judgment debtor) to pay you, the judgment creditor. If they don’t pay voluntarily, you have the right to ask the sheriff to seize their property to satisfy the debt. This process is called a levy, and once the sheriff sells the property at auction, it’s called execution.

Step 1: Record a Judgment Lien Certificate

Right after you get your judgment, it’s a smart move to record a Judgment Lien Certificate with the Florida Department of State. This creates a lien on the debtor’s real estate, giving you priority over other creditors. It’s not required by law, but filing early helps protect your claim.

Step 2: Locate Seizable Property

You need to find property that the sheriff can legally seize—because the sheriff won’t do this for you. - *Real property means land and buildings. - Personal property includes things like cars, boats, furniture, and jewelry.

Keep in mind:

• Some property is exempt and cannot be taken. For example, a person’s homestead (primary home) is protected by law.
• The debtor can also 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 of their property.
• Only property actually owned by the debtor can be seized—property leased or owned by someone else is off-limits.

Step 3: Get a Writ of Execution

• Take your judgment to the Clerk of Court and request a Writ of Execution—an official order directing the sheriff to seize property to satisfy your judgment. Then you will:
  • Deliver the writ to the sheriff’s office in the county where the property is located.
  • Provide detailed instructions describing the property and where it is.
  • Deposit money with the sheriff to cover their fees (you’ll get this back if the levy is successful).

Step 4: Check for Other Creditors

Before the property is sold, you’ll want to check for any other liens or secured interests against the debtor’s property:

• Search judgment liens at sunbiz.org
• Search UCC security interests at floridaucc.com

You are required to notify all prior lien holders about the sale and give the sheriff a signed affidavit listing those liens

Step 5: Property Sale

The sheriff will:

• Advertise the sale in a local newspaper.
• Hold a public auction at the scheduled time and place.
• Sell the property to the highest bidder for cash.

You’re allowed to participate in the auction and place bids if you wish.

Step 6: Distribution of Sale Proceeds

The sheriff pays out the money in this order:

1. Sheriff’s fees and costs (if covered, you get your deposit back).
2. $500 to you for your court costs (regardless of your actual expenses).
3. Creditors who filed liens before yours get paid next, in the order their liens were recorded.
4. If there’s any money left after paying prior creditors, you get paid next.
5. If funds run out before your payment, you won’t receive anything 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. Since the sheriff pays liens in the order they are filed, early filing increases your chances of recovering money.

Let Squabble Help You With Your Small Claim at Sarasota 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 Sarasota 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. Main Office, Clerk of Court Services, County Recorder, Administration

Sarasota County Historic Courthouse 2000 Main St.
Sarasota, FL 34237
(941) 861-7400
https://www.sarasotaclerk.com/court-services/small-claims

BUILDING HOURS

• Monday - Friday 8:30AM - 5:00PM, except court holidays.

2. Venice Branch Office, Clerk of Court Services, County Recorder

South County Courthouse 4004 S. Tamiami Trail
Venice, FL 34293
(941) 861-7400
https://www.sarasotaclerk.com/court-services/small-claims

BUILDING HOURS

• Monday - Friday 8:30AM - 5:00PM, except court holidays.

CITIES SERVED

• North Port
• Venice
• Palmer Ranch
• Fruitville
• Laurel
• Sarasota Springs
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• The Meadows
• Southgate
• South Gate Ridge
• Siesta Key
• South Sarasota
• Ridge Wood Heights
• Warm Mineral Springs
• Plantation
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• Nokomis
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• Vamo
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