Small Claims Court in Volusia County

In Volusia County, FL small claims cases are filed in Civil Court. Volusia County has three 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 Volusia Court System.

Small Claims

Volusia county handles and maintains records for civil claims of up to $8,000 and offers general information to help individuals prepare for court proceedings.

Under the Florida Small Claims Rules, the Clerk’s Office is allowed to provide basic guidance and assist with completing a Statement of Claim. Forms and helpful information are available online to make the process easier.

Please note: Florida law does not allow the Clerk to give legal or financial advice.

Requirements to File a Small Claims Case:

You must file in the correct county—this is usually where the defendant lives, where the contract was made, where the property is located, or where the issue occurred. Filing in the wrong location could lead to your case being transferred to a different county, and any filing fees you paid will not be refunded.

Who Can File a Small Claims Case?

Anyone 18 years of age or older can file a small claims case. Individuals doing business as a company may also file. If the case involves a minor, a parent or legal guardian can file on the child’s behalf. Each person involved in the claim must sign the required paperwork.

What Is a Small Claims Case?

Small Claims Court is a simplified, more informal legal process. It’s designed to allow people to represent themselves without needing an attorney. However, if your case is complicated, it may be in your best interest to consult legal counsel.

Do I Need to Attend the Pre-Trial Hearing?

You must either appear in person or have an attorney appear on your behalf.

What If I Can’t Attend the Pre-Trial Hearing?

You may request a continuance (a postponement) from the court. Your written request should clearly explain why you’re unable to attend. The judge will review your request and decide whether to grant it.

• If the Plaintiff (the person filing the case) makes the request:
  • The court may approve the continuance. If not, and the plaintiff fails to appear, the case could be dismissed.
• If the Defendant (the person being sued) makes the request:
  • The court may approve the continuance. If not, and the defendant fails to appear, a judgment may be entered against them.

What Happens If No One Requests a Continuance and I Don’t Appear?

• If you do not attend and haven't asked for a continuance:
  • If you’re the Plaintiff: Your case may be dismissed.
  • If you’re the Defendant: A judgment may be entered against you for the full amount claimed.

What If My Case Is Dismissed?

If your case is dismissed and you’re the Plaintiff, you may request the court to reopen it by filing a motion. Please note that a reopening fee will apply—refer to the current fee schedule for details.

Cases Handled in Small Claims Court

Small Claims Court is meant to help everyday people resolve common legal disputes quickly, affordably, and often without needing a lawyer. If your case involves $8,000 or less (not including interest, court costs, or attorney fees), Small Claims Court may be the right place for you.

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

• Disputes over written or verbal agreements
• Problems getting a deposit refunded
• Damage to your car or property from an accident
• Lost or damaged personal belongings
• Issues with defective products or poor-quality services
• Not getting paid for work you've done
• Bounced checks
• Unpaid rent
• Trouble getting your security deposit back from a landlord

If any of these situations sound familiar, Small Claims Court can offer a simple and effective way to pursue a resolution—without the complexity or high cost of a traditional lawsuit.

Filing

To begin your small claims case, you’ll need to complete and print the "Statement of Claim” form and submit it to the Clerk of Court. Before filing, we strongly recommend reviewing the following resources for important details:

• Small Claims Information Page
• Small Claims Filing Requirements
• Small Claims Fee Schedule (Fees and Fines)

Filing Tips: Use Full and Correct Names

It’s essential to use the correct and complete names of the individuals or businesses involved in your case. Incorrect information can delay your case or lead to dismissal.

• If You're Suing an Individual:
  • Use their full legal name (first, middle, last).
  • Include any known aliases.
  • Provide their complete and current address.
  • If you're including a spouse in the case, include their full name as well.
• If You're Suing a Corporation:
  • Use the corporation’s full legal name and the state where it is incorporated.
  • Include the name and address of the corporation’s registered agent or officer who is authorized to receive legal documents.
• If You're Suing a Partnership:
  • Include the full legal name and address of each partner involved.

Important Note About Fictitious (Business) Names

Many people and businesses operate under a fictitious name (also called a “doing business as” or “DBA” name).

• You cannot file a lawsuit against a fictitious name.
  • It is your responsibility to find out who actually owns the business name—whether it's an individual, corporation, or partnership.
• How to Identify the Business Owner:
  • Fictitious names are registered with the Florida Department of State in Tallahassee.
  • You can search the Florida Division of Corporations website or contact them directly.
  • You may also find helpful information by checking the business’s occupational license with the City or County where the business is based.
• If YOU Are Using a Fictitious Name:
  • If you are doing business under a fictitious name (e.g., as a sole proprietor), you must be registered with the Florida Division of Corporations before you can file or maintain a lawsuit in Florida courts.

Summons and Service Fees

Once you’ve filed your Small Claims case, the next critical step is to make sure the defendant (the person or business you're suing) is properly notified. This is called “service of summons,” and it’s required by law. A case cannot move forward until the defendant is officially served.

How to Serve the Summons

You have two main options for serving the summons:

1. Certified Process Server or Sheriff’s Office
   • In Volusia County, the Sheriff’s Office can deliver the summons for you.
   • The fee is $40.00 per defendant, payable separately.
   • Acceptable payment methods:
     • Cash
     • Cashier’s check
     • Money order (made out to Lee County Sheriff)
   • If the defendant lives in another county, you’ll need to contact that county’s Sheriff’s Office directly for their procedures and fees.
2. Certified Mail (Florida Residents Only)
   • If the defendant lives in Florida, you can request the Clerk’s Office to send the summons via Certified Mail.
   • You are responsible for paying any postal fees charged by the Clerk for this service.

What If the Defendant Isn’t Served?

Sometimes, the first attempt at service fails—for example, if the defendant has moved or can’t be located.

In that case:

• You can request an alias summons, which allows for another attempt at service.
• There is a $10.00 fee per defendant for issuing alias summons.
• If you're using the Lee County Sheriff’s Office again, the $40.00 fee applies for each new attempt.

Let me know if you'd like this information formatted as a printable handout or checklist to give to people filing in person or online.

Pretrial

After your case is filed, the court will schedule a Pretrial Hearing. This is a required step, and both you (the plaintiff) and the defendant must attend.

At the Pretrial Hearing

When your case is called in court, the Clerk will ask the defendant whether they admit or deny owing the debt:

• If the defendant admits to owing the debt:
  • The judge may enter a final judgment immediately in your favor.
• If the defendant denies the claim:
  • The case will typically be set for mediation or trial, depending on the situation.

Important: The Defendant Must Be Served Before the Hearing

Your case cannot proceed unless the defendant has been properly served with the summons before the hearing date.

• If the Defendant Hasn’t Been Served:
  • You’ll need to request an alias summons (a second attempt to serve the defendant).
  • There is a $10.00 fee per defendant for this service.
  • Make sure the defendant is served before the hearing to avoid delays or having your case postponed.

Mediation

At your pretrial conference, the court may give you the option to try mediation—a simple, informal way to resolve your dispute without going to trial.

What Is Mediation?

Mediation is a process where a neutral third party—called a mediator—helps both sides talk through the issue. The mediator doesn’t take sides or make decisions. Instead, they guide the conversation to help you find common ground and possibly reach an agreement.

Why Choose Mediation?

• It’s less formal—and usually less stressful—than going to trial
• You and the other party have more control over the outcome
• If you reach an agreement, the case can be settled on the spot, with no need for trial
• You’re allowed to bring a lawyer, but it’s not required

What If Mediation Doesn’t Work?

No problem—if mediation doesn’t resolve everything, the case will move forward to a trial, where a judge will decide the outcome.

Confidentiality

Everything discussed in mediation is confidential, unless the law requires otherwise. It’s a safe space where you can speak openly while trying to reach a fair resolution.

Court Fees

Below is a summary of the most common court filing fees. Fees vary based on the type and value of the claim.

Civil Action (Non-Property Related Cases)

• Claims of $50,000.01 and above: $400.00

Civil Action – Real Property & Foreclosure

• Claim value up to $50,000: $400.00
• Claim value over $50,000 but less than $250,000: $905.00
• Claim value of $250,000 or more: $1,905.00

Additional Fees

• Each defendant over 5 (per additional defendant): $2.50
• Timeshare (each unit over one): $10.00
• Severance fee: $18.00
• Attachment, Replevin, or Distress (add to filing fee): $85.00

Crossclaims, Counterclaims & Third-Party Complaints

• General
  • Any value: $395.00
• Real Property / Foreclosure
  • Up to $50,000: $395.00
  • Over $50,000 but less than $250,000: $900.00
  • $250,000 or more: $1,900.00

Other Common Fees

• Reopen a case: $50.00
• Summons issuance (per summons): $10.00
• Judicial Sale (foreclosure)—conduct sale, issue & record title: $70.00
• Foreign judgment – issue execution: $42.00
• Eminent Domain deposit (each): $170.00
• Transfer of judgment to security (plus misc. charges): $20.00
• Transfer of lien to security (plus misc. charges): $20.00
• Each additional lien: $10.00
• Writ issuance (garnishment, replevin, attachment): $85.00
• Petition for extension of time: $42.00
• Attorney appearance – Pro Hac Vice: $100.00

After Filing

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

The Pretrial Hearing & Mediation Option

At your pretrial hearing, you’ll be invited to participate in the County Court Mediation Program.

What Is Mediation?

Mediation is an informal, stress-free meeting led by a neutral third party called a mediator. The mediator helps both sides talk through the dispute in hopes of reaching a voluntary agreement—without the need for trial.

Why Consider Mediation?

• It’s faster and more relaxed than a courtroom trial
• You stay in control of the outcome
• If an agreement is reached, your case can be resolved on the spot
• Mediation is voluntary, and participation is encouraged but not required

If either party chooses not to mediate, or if no agreement is reached, the case will proceed to trial.

Preparing for Trial

If your case moves forward to trial, being prepared is crucial. Here's how to get ready:

• Bring any witnesses who can support your side of the case
• Collect all important documents—contracts, receipts, photos, text messages, or any other evidence
• Be ready to clearly explain your story and the events leading to the dispute
• You’ll have the opportunity to question the defendant about the case
• Present any evidence you mentioned during the pretrial hearing

Why Preparation Matters

Showing up organized, with all your documents and a clear explanation of your side, helps the court understand your position. A well-prepared case increases your chances of a smooth hearing and a fair outcome.

Trial

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

What to Bring to Trial

• All Your Evidence
  • Bring anything that supports your story, such as photos, videos, written agreements, or repair estimates.
• Any Witnesses
  • Bring people who saw what happened or have first-hand knowledge to back up your side. Make sure they are available to testify.
• Important Documents
  • Include contracts, receipts, emails, letters, photos, or any records—especially those you mentioned during the pretrial hearing.
• Helpful Tip
  • Be ready to clearly explain your side directly to the judge, and stay organized to present your case confidently and smoothly.

Enforcing Your Money Judgment

After the court awards you a money judgment, there are several ways to enforce it. One common method is to file a Judgment Lien:

• You can purchase a certified copy of the judgment and have it recorded in the county’s Official Records.
• Once recorded, this lien attaches to any real property the defendant owns in the county, which can help secure the money owed to you.

Judgment

The Clerk of the Court cannot collect a judgment for you or provide legal advice, but here are some steps that may help you in the process:

• Request a Fact Information Sheet:
  • You can ask the court to order the person who owes you money (the judgment debtor) to complete a Fact Information Sheet. This document may help you identify the debtor’s assets.
• Record a Certified Copy of the Final Judgment:
  • Purchase a certified copy of your final judgment and record it in the Official Records in any Florida county where the debtor owns real property. This can create a lien on that property.
• Request a Writ of Execution:
  • Ten days after the judgment is entered, you may request a Writ of Execution. This document authorizes the sheriff to seize (levy on) the debtor’s property. To enforce this, you must be able to locate and describe the debtor’s real or personal property.
• Important Note:
  • Due to Florida Statutes (F.S. 55 and F.S. 56), effective October 1, 2001, a Judgment Lien Certificate must accompany the Writ of Execution when it’s delivered to the sheriff’s office. For more information, you can contact:
    • The Department of State, Division of Corporations (Judgment Liens) at dos.myflorida.com
    • Your local Sheriff’s Civil Section

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 the debtor doesn’t pay voluntarily, you can ask the sheriff to seize their property to satisfy the debt. This seizure is called a levy, and when the sheriff sells the property at auction, it’s called execution.

Step 1: Record a Judgment Lien Certificate

• File a Judgment Lien Certificate with the Florida Department of State as soon as possible.
  • This creates a lien on the debtor’s real estate (land and buildings).
  • Filing early isn’t required but helps protect your priority over other creditors.

Step 2: Locate Seizable Property

• You must identify property the sheriff can legally seize (the sheriff won’t do this for you).
• Seizable property includes:
  • Real property (land and buildings)
  • Personal property (cars, boats, furniture, jewelry, etc.)
• Exemptions:
  • The debtor’s homestead (primary residence) is protected by law.
  • The debtor may 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, all their property can be seized.
• Only property owned by the debtor can be seized — leased or third-party property cannot.

Step 3: Get a Writ of Execution

• Take your judgment to the Clerk of Court and request a Writ of Execution.
  • This order authorizes the sheriff to seize property to satisfy your judgment.
  • Deliver the writ to the sheriff’s office where the property is located.
  • Provide detailed instructions describing the property and its location.
  • Deposit money with the sheriff to cover their fees (refundable if the levy is successful).

Step 4: Check for Other Creditors

• Before the sheriff sells the property, you must:
  • Search for other liens or secured interests using:
    • sunbiz.org (for judgment liens)
    • floridaucc.com (for UCC security interests)
  • Notify all prior lien holders of the sale.
  • 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 scheduled time and place.
  • Sell the property to the highest cash bidder.
  • You may participate and bid at the auction if you wish.

Step 6: Distribution of Sale Proceeds

• The sheriff distributes the money in this order:
  • Sheriff’s fees and costs (if covered, you get your deposit back)
  • $500 to you for court costs (a fixed amount regardless of actual expenses)
  • Creditors with liens filed before yours, paid in order of their lien filing dates
  • You receive any remaining funds after prior liens are satisfied
• If the money runs out before your payment, you will not receive more.

Why File Your Judgment Lien Early?

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

How to Satisfy a Money Judgment in Florida

All money judgments entered in Florida can be paid off in full at any time before a levy of execution is made. This includes the full judgment amount plus any interest owed.

• The defendant (the person who owes money) can pay the full amount of the judgment directly to the plaintiff (the person who won the judgment), including interest from the date the judgment was entered.
• Once payment is made, the plaintiff—or their attorney—must sign a written acknowledgment that the judgment has been satisfied.
• This acknowledgment must then be notarized and recorded in the Official Records Book of the proper county.

After Full Payment Is Made

• Within 60 days of receiving full payment, the person who acknowledged the satisfaction must send a recorded copy of the satisfaction to the person who made the payment.

What if the Debtor Can’t Locate the Judgment Holder?

• If the debtor cannot find the judgment holder to receive payment, they can apply to the Clerk of the Court to satisfy the judgment.
• Once the Clerk receives full payment—including the judgment amount, interest from the date of the judgment, and any additional costs required by Florida law—the Clerk will issue and record a Satisfaction of Judgment in the Official Records Book.
• The Clerk will also attempt to notify the judgment holder (lien holder) so they can collect their funds.

Let Squabble Help You With Your Small Claim at Volusia 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 Volusia 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. Volusia County Clerk of the Circuit Court

101 N Alabama Ave
DeLand, FL 32724
(386) 736-5915
https://www.clerk.org/small-claims.aspx

BUILDING HOURS

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

2. New Smyrna Beach Courthouse Annex

124 N Riverside Dr.
New Smyrna Beach, Florida 32168
(386) 423-3300 x15912
https://courthousesofflorida.com/courthouse/volusia-county-courthouse-annex-new-smyrna-beach/

BUILDING HOURS

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

3. Daytona Beach Courthouse Annex

125 E Orange Ave,
Daytona Beach, Florida 32114
(386) 423-3300 x15912
https://circuit7.org

BUILDING HOURS

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

CITIES SERVED

• Deltona
• Daytona Beach
• Port Orange
• DeLand
• Ormond Beach
• New Smyrna Beach
• Edgewater
• DeBary
• Orange City
• South Daytona
• Holly Hill
• Ormond-by-the-Sea
• Daytona Beach Shores
• Samsula-Spruce Creek
• Ponce Inlet
• Lake Helen
• De Leon Springs
• Oak Hill
• Pierson
• Seville
• Glencoe