Florida · Unpaid personal loan

Unpaid personal loan in Florida small claims

Friend or family owes you money? Recover it in small claims.

Lending money to a friend or family member without repayment can lead to a small claims case. You do not need a formal promissory note to sue, but having written evidence of the loan — even text messages or emails confirming the amount and a promise to repay — dramatically strengthens your case. The key elements are proving the loan was made, the amount, and that repayment was due.

In Florida, small-claims cases are heard in the County Court (Small Claims division) and you can sue for up to $8,000 (exclusive of costs, interest, and attorney's fees).

Good to know: Florida small claims cases are filed in the County Court (small claims division) and governed by the Florida Small Claims Rules (Chapter 7), with the $8,000 jurisdictional cap set by Rule 7.010(b). It is often called a "people's court" and an attorney is not required. Note: many county clerk brochures still display an older $5,000 limit; the current statewide limit under amended Rule 7.010 is $8,000 (exclusive of costs, interest, and attorneys' fees).

Unpaid personal loan: steps that matter

1. Gather all evidence of the loan: bank transfers, cash-withdrawal records, texts, emails, or any written note agreeing to repay.
2. Calculate the amount owed including any agreed interest, and confirm when repayment was supposed to occur.
3. Send a written demand for repayment with a clear deadline and keep proof you sent it.
4. Confirm you are within the statute of limitations below before filing — the clock may have started from the repayment due date.
5. File in the court where the defendant lives or where the loan was agreed to.

Filing your Statement of Claim in Florida

1. Confirm your claim qualifies and identify the right defendant. Small claims is for demands for money or property not exceeding $8,000 (excluding costs, interest, and attorney's fees) filed in county court. Research the correct legal name of the person or business you are suing and an address where they can be served; the additional time spent identifying the right party can affect your ability to collect any judgment.
2. Complete and file a Statement of Claim with the clerk of court. Fill out the Statement of Claim form (e.g., Miami-Dade form CLK/CT 333), checking the basis of the claim (goods/merchandise sold, work done and materials furnished, money lent, account stated, written instrument, rent, or other). If the claim is based on a written document (contract, note, lease, receipt), attach a copy. Each party must sign before a deputy clerk or have signatures notarized. File in the proper county (where the defendant resides, where the cause of action occurred, or where the property is located).
3. Pay the filing fee (or apply for indigent status) and have a summons issued. Pay the clerk's filing fee, which is set by Florida Statutes and varies with the claim amount, plus a separate fee for service. If you cannot afford the fees, submit an Application for Determination of Civil Indigent Status. The clerk then issues a summons/notice to appear for each defendant.
4. Serve the defendant. The lawsuit cannot proceed until the defendant has been served. Service is made by the sheriff or a certified process server, or by certified mail (return receipt requested). The defendant must be served with the summons and a copy of the Statement of Claim and notified of the pretrial conference date.
5. Attend the pretrial conference. On the date set in the summons, both parties appear at a pretrial conference. Mediation is typically ordered; if no settlement is reached, the court schedules a trial. Bring all documents supporting your claim.

Filing fees: Filing and service fees are set locally and vary; confirm the current amount with the court. A fee waiver is available if you cannot afford the costs.

Deadline that applies to your unpaid personal loan

A personal loan is a contract or debt claim — you lent money on a promise to repay. If you have a written loan agreement, the written-contract statute of limitations typically applies. If the loan was only a verbal agreement, the oral-contract or debt period usually governs. The limitations clock generally starts from the date repayment was due or the last payment made.

Written contract: 5 years (Fla. Stat. § 95.11(2)(b))

Answering a lawsuit: Florida small claims does not require a written answer before the hearing. After being served, the defendant must appear in person at the pretrial conference on the date and time stated in the summons; defenses are raised there.

Serving the defendant: The lawsuit cannot proceed until the defendant has been served with the summons and a copy of the Statement of Claim. Service may be made by the sheriff or a certified process server, or by certified mail (return receipt requested).

Appeals: A motion for a new trial may be filed not later than 10 days after the judgment. Either party may appeal a final small claims judgment to the circuit court; a notice of appeal must be filed within 30 days of rendition of the order, under the Florida Rules of Appellate Procedure (Rule 9.110).

All Florida small-claims deadlines

The table below lists the filing deadlines County Court (Small Claims division) applies by claim category. Confirm the exact rule that applies to your unpaid personal loan claim with your court before relying on any figure.

Florida small-claims forms for your unpaid personal loan case

These forms are published by the County Court (Small Claims division). Download and complete them before filing.

• Statement of Claim (e.g., Miami-Dade form CLK/CT 333, Rev. 06/23): The form that starts the case: the plaintiff states the basis of the claim (goods sold, work done, money lent, account stated, written instrument, rent, or other) and the amount demanded.
• Application for Determination of Civil Indigent Status: Fee-waiver application; if approved, filing and summons fees are waived (a $25 administrative fee/payment plan may apply).
• How to File a Small Claims Action (official clerk guide): Official step-by-step guide to filing, serving, the pretrial conference, judgment, and post-judgment procedures.
• A Guide to Small Claims (official clerk guide): Official FAQ-style overview: who may file, costs, what information is needed, the pretrial conference, mediation, jury-trial option, and judgment collection.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Florida Courts (flcourts.gov) - Small Claims, Florida Courts Help. Last reviewed 2026-06-23.