Will it be expensive to take someone to small claims court in Florida? 2 Answers as of January 17, 2011I loaned an ex co-worker $300 in June 2009, she continues to refuse to repay the loan and has been verbally abusive. Will it be more expensive for me to take her to small claims, if not how do I do that?
Kelaher Law Offices, P.A. | James P Kelaher
The cost in Florida for a filing fee is $400 the last I checked, and that will be added to the judgment you ultimately get against the person to whom you loaned the money. If you loaned them cash, you might not want to risk it, since it will be your word against theirs. If you gave them a check with "loan" written on the "memo" line, then you're in much better shape. You'll also have to pay a process server to go out and serve the summons and complaint on the person, and that varies in cost, but local sheriffs charge around $40. Be aware that the statute of limitations for an oral agreement in Florida is 4 years, and for a written agreement is 5 years, but the statute starts running when you made a demand for repayment and he refused, not from when the loan was made. To pay $440 to risk getting back $300 (plus your $440) may not be a wise decision, but it is your decision to make.
Answer Applies to: Florida