Sue a Contractor in Florida Small Claims Court

Written by

Suna Gol

Fact-checked by

Anderson Hill

Legally reviewed by

Jonathan Alfonso

Last updated April 9, 2026

What Florida law gives you against a contractor

Florida is one of the strictest states in the country on contractor licensing, and that strictness works in your favor when a contractor takes your money and disappears or delivers defective work. Two separate bodies of law protect you here, and they work together.

The first is standard contract law. Whether your agreement was written on a napkin or typed out in a five-page document, the contractor agreed to do a job for a price. If they didn't do it, or did it badly, you have a breach-of-contract claim. The statute of limitations for a written contract is five years under Fla. Stat. § 72.011. For an oral contract, it's four years under Fla. Stat. § 72.01. Those clocks start running when the dispute arises, not when the job was supposed to finish.

The second, and more powerful, layer is Florida's licensing statute. Fla. Stat. § 489.127 requires any contractor performing work estimated above $1,000 to hold a license from the Florida Department of Business and Professional Regulation. That's not a suggestion. It's a threshold with teeth. If your contractor crossed that line without a license and didn't tell you, Fla. Stat. § 489.128 says the contract is void and you can recover treble damages: three times the amount you paid, plus reasonable attorney's fees.

Those two tracks are not mutually exclusive. You can file a breach-of-contract claim in small claims court and add the licensing violation as a basis for treble damages in the same proceeding. If the total you're claiming is $5,000 or under, you're in County Court small claims. If it's more, Circuit Court is the venue, and the rules change significantly.

The deadlines that can end your case before it starts

Contractor disputes in Florida come with several distinct deadlines, and missing any one of them can cost you the entire claim. Know which clock applies to your situation.

The contract statute of limitations is the one most people know about. Written contract: five years from the date the cause of action accrued. Oral contract: four years. "Accrual" generally means the date the contractor stopped performing, refused to return your calls, or made clear they wouldn't fix defective work. If you're within those windows, you can file.

If your dispute involves a mechanics' lien, a completely separate clock controls. Fla. Stat. § 713.23 requires that any claim of lien be filed in the county public records within 90 days after the last date labor, services, or materials were furnished. That deadline is absolute. One day late and the lien is gone. Mechanics' liens are a tool more commonly used by contractors against homeowners, but homeowners can use lien-related arguments in defense and negotiation. The 90-day deadline matters most in settlement talks: a contractor who missed it has lost a major leverage point.

One more date that matters: if you're suing for construction defects rather than a walkoff or non-payment dispute, Fla. Stat. § 634.243 imposes a four-year statute of repose from the date of original construction. This one is harder to extend, because it runs from completion of work, not from discovery.

What a court can actually award you

Your recoverable damages depend on what happened and whether your contractor was licensed. Here's how to calculate the number before you file.

For a licensed contractor who simply did bad work or abandoned the job: you can recover the cost to complete or repair the work (get written estimates from licensed contractors), any deposit you paid for work not performed, and documented consequential costs like temporary housing if the work was to a primary residence.

For an unlicensed contractor who didn't disclose their status: the calculation is different and much better for you. The contract is void under Fla. Stat. § 489.128. Every dollar you paid is potentially recoverable at three times that amount. If you paid $3,000 for a roof job that an unlicensed contractor never finished or finished badly, you can claim $9,000 in treble damages plus attorney's fees. The cap in small claims is $5,000, so if the treble damages push you over that number, you need Circuit Court rather than small claims.

That math matters before you file. If the unlicensed-contractor penalty puts your claim above $8,000, don't voluntarily limit yourself to the small claims cap just for convenience. Circuit Court is more formal but the potential recovery is substantially higher.

The evidence that wins a Florida contractor case

Florida small claims hearings are short. Most judges give each side ten to fifteen minutes. Your evidence has to carry the argument, because you won't have time to tell the whole story in words.

Before the hearing, pull together every document that fits into one of these categories.

The contract. Whatever you agreed to in writing. Even a text thread that spells out the scope of work, the price, and the timeline counts as a written agreement. Screenshot and print every relevant exchange.

Proof of payment. Bank statements, canceled checks, Venmo or Zelle records. Every dollar you paid needs a paper trail. This is your principal claim amount.

The license check. Go to myfloridalicense.com and search the contractor's name and company. Print the result. If the search shows no license, or a license that was inactive on the date work was performed, that printout is one of the most powerful exhibits you can bring. It's a government record, and it speaks for itself.

Photos and video. Dated photos of the work, before and after if you have them, and photos documenting defects or incomplete work. Take new ones the day before your hearing so the judge sees current conditions.

Written repair estimates. Get two or three written estimates from licensed contractors for the cost to fix or complete the work. These establish your actual damages when the contractor says the job was "basically done."

Your demand letter and proof of sending. If you sent a demand letter by USPS Certified Mail before filing, bring the tracking record and delivery confirmation. Judges notice the paper trail. A homeowner who notified the contractor in writing before filing looks organized and credible.

The contractor's response, or absence of one. Any email, text, voicemail, or letter from the contractor. If they went silent after you asked for a refund, the absence of a response is itself evidence of bad faith.

Bring three copies of everything: one for you, one for the judge, one for the contractor. Organized plaintiffs win more often.

Filing your Florida small claims case, step by step

Florida's small claims process runs through the County Court in the county where the disputed work was performed, not where you currently live. That's the venue rule: the dispute location controls, not your home address.

The core filing form is the Statement of Claim (form SC-100 in many counties, though county-specific variations exist). You'll fill in the parties' names and addresses, the amount you're claiming, and a short plain-English description of why you're owed money. Keep the description factual and specific: "Contractor accepted $4,200 deposit for kitchen renovation on [date], performed no work, stopped responding on [date], and is not licensed with DBPR as required by Fla. Stat. § 489.127." That's the format judges respond to.

Filing fees in Florida small claims vary by county and claim amount, but expect $55 to $100 for claims under $5,000. Pay by cash or money order at the clerk's window, or online where county systems allow it.

After filing, the court will issue a summons. You can't serve the contractor yourself. Common service methods in Florida are sheriff's service (roughly $40 per defendant) and private process server. Personal service on the individual contractor is required for individuals. For a business entity, serve the registered agent, which you can look up through the Florida Division of Corporations at sunbiz.org. Service must happen far enough before the hearing date that the contractor has proper notice under Florida law.

Once served, your contractor has a short window to respond or appear. Many don't, which results in a default judgment in your favor, provided your paperwork is in order.

If the contractor ignores the case

Some contractors don't respond to the lawsuit any more than they responded to your calls. Default judgments are common in contractor small claims cases in Florida, and they're fully enforceable. A default judgment gives you all the same collection tools as a contested judgment: a lien on real property through an Abstract of Judgment, wage garnishment, and a Writ of Execution authorizing the sheriff to seize assets.

If the case doesn't resolve in small claims because your claim exceeds $8,000, or because the contractor raises defenses that make the dispute genuinely contested, you may need to move to Circuit Court. Before taking that step, it's worth sending a proper demand letter to document the dispute and give the contractor one last clear opportunity to pay. You can send a Florida demand letter for a contractor who walked off before escalating to a more formal proceeding. Many contractors pay at that stage, even ones who've been ignoring phone calls.

What to expect after the hearing

If the judge rules in your favor the same day, you'll get a written judgment mailed to you within a few days. If the judge takes the case under submission, the ruling typically arrives within two to four weeks.

Florida judgments earn post-judgment interest at the rate set annually by the Florida Chief Financial Officer, which was 9.13% in 2024. That interest accrues from the date of the judgment until the contractor pays, which is a real incentive for early payment.

If the contractor pays voluntarily, you file a Satisfaction of Judgment with the clerk. If they don't pay within 30 days, you can begin collection. Florida homestead law protects a primary residence from judgment liens in most circumstances, but business assets, vehicles, bank accounts, and non-homestead real property are all reachable. A contractor who owns equipment or a work truck is often collectible.

One practical note: if your contractor holds a DBPR license and you've obtained a judgment for unlicensed work or a licensing violation, you can also file a complaint with DBPR. License revocation or suspension is a separate consequence from the civil judgment, and DBPR complaints are free. Contractors tend to take civil judgments more seriously when a regulatory proceeding is also underway.