The Defendant's Journey

The summons in your hands states its own commands — this page decodes them in the form's own words, then lays out the rules' menu of paths with each one's requirements, consequences, and clocks. Two of those clocks run BEFORE your first court date. Nothing here chooses for you: the options are the rules' own, the decision is yours, and a licensed Florida attorney is the right reader where judgment is needed.

1. 01

   You were served — what the paper actually commands

   Fla. Sm. Cl. R. Form 7.322

   The summons/notice to appear commands one thing first: appear — in person or by attorney — at a PRETRIAL CONFERENCE on the stated date. In the form's own words: the case WILL NOT be tried at that time, and DO NOT bring witnesses. The statement of claim rides with the summons, so what you were sued for is in your hands. The date cannot be rescheduled without good cause and prior court approval.

   ⏱ 7 days before — disability-accommodation contact
   The law at this stage — verbatim

   Fla. Sm. Cl. R. 7.090(a)–(b)The summons/notice to appear shall specify that the initial appearance shall be for a pretrial conference. The initial pretrial conference shall be set by the clerk not more than 50 days from the date of the filing of the action. Appearance may be in person or through the use of communication technology under Florida Rule of General Practice and Judicial Administration 2.530.

   Fla. Sm. Cl. R. 7.090(c)Unless required by order of court, written pretrial motions and defensive pleadings are not necessary. The filing of a motion or a defensive pleading shall not excuse the personal appearance of a party or attorney on the initial appearance date (pretrial conference).

2. 02

   The stakes of the first date — the summons states them plainly

   Fla. Sm. Cl. R. Form 7.322Fla. Sm. Cl. R. 7.170

   The defendant must appear to avoid a default judgment; the plaintiff must appear to avoid dismissal for lack of prosecution — the summons says both. Filing a written motion or answer does NOT excuse personal appearance. After a default, the judge still receives evidence establishing damages before judgment enters. A business entity appears through a principal or a written-authorized employee — and the written authorization must be brought to the pretrial conference.

   The law at this stage — verbatim

   Fla. Sm. Cl. R. 7.170If the defendant does not appear at the scheduled time, the plaintiff is entitled to a default to be entered by either the judge or clerk. After default is entered, the judge shall receive evidence establishing the damages and enter judgment in accordance with the evidence and the law.

   Fla. Sm. Cl. R. 7.050(a)(2)Any business entity recognized under Florida law may be represented at any stage of the trial court proceedings by any principal of the business entity who has legal authority to bind the business entity or any employee authorized in writing by a principal. A non-attorney may not represent a business entity in appellate proceedings.

3. 03

   The rules' own menu before the pretrial

   Fla. Sm. Cl. R. 7.060Fla. Sm. Cl. R. 7.090Fla. Sm. Cl. R. 7.100

   Florida's small-claims rules give a served defendant a defined set of paths. Each carries its own requirements and consequences — laid out below from the rules' own text. Which to take, or which to combine, is the defendant's decision; several have clocks that run before the first court date.

   ⏱ 5 days before — compulsory counterclaim / setoff filed⏱ 7 days before — written venue-transfer request (affidavit form)
   Appear and defendFla. Sm. Cl. R. 7.090(a), (c)

   Requires: Appearance at the pretrial, in person or through Rule 2.530 communication technology where allowed. No written answer is required unless the court orders one.

   The rules attach: The dispute is recorded, issues narrow, and the case sets for trial within 60 days if it does not resolve. The pretrial itself can end the case where no triable issue exists (Rule 7.135).

   Counterclaim or setoffFla. Sm. Cl. R. 7.100(a)–(c)

   Requires: Filed in writing with the clerk and served on the plaintiff — not less than 5 days before the pretrial for a same-transaction claim.

   The rules attach: A same-transaction counterclaim not raised on the clock is abandoned. Permissive counterclaims ride the same 5-day floor if within the court's jurisdiction.

   Counterclaim beyond $8,000 — transferFla. Sm. Cl. R. 7.100(d)

   Requires: A counterclaim or setoff exceeding small-claims jurisdiction, plus a deposit with the clerk sufficient to pay the transfer court's filing fee at filing (or within court-allowed time).

   The rules attach: The action transfers to the court having jurisdiction. Failing to make the deposit waives the right to transfer.

   Wrong place — request a venue transferFla. Sm. Cl. R. 7.060(a)

   Requires: An oral request at the first court date, or a written request in affidavit form filed 7 days before it with a copy to the plaintiff.

   The rules attach: A suit filed outside the rule's seven proper venues can move to a proper one — the summons prints the whole menu in bold.

   Settle — before or at the pretrialFla. Sm. Cl. R. 7.090(f)–(g)

   Requires: Whoever appears must hold full settlement authority; mediation may happen at the pretrial itself.

   The rules attach: Agreements become written stipulations the court may enter as orders. Settlement of one claim leaves any counterclaim standing unless it settles too.

   Admit, but need time to payFla. Sm. Cl. R. Form 7.322; Form 7.345

   Requires: In the summons's own words: come and state the circumstances to the court. The approved installment stipulation (Form 7.345) is the rules' instrument for a payment plan.

   The rules attach: The court may or may not approve a plan and may withhold judgment, execution, or levy while one holds.

   Invoke the full civil rulesFla. Sm. Cl. R. Form 7.353

   Requires: The approved defendant's motion asking the court to apply the Florida Rules of Civil Procedure to the action.

   The rules attach: Granted, the case leaves small-claims informality — discovery and motion practice run under the full civil rules, with their own clocks and burdens on both sides.

   The law at this stage — verbatim

   Fla. Sm. Cl. R. 7.100(a)If a defendant has a claim or setoff against a plaintiff that arises out of the same transaction or occurrence which is the subject matter of the plaintiff's claim, the counterclaim or setoff shall be filed not less than 5 days before the initial appearance date (pretrial conference), or within such time as the court designates, or it is abandoned.

   Fla. Sm. Cl. R. 7.060(a)A proper location or venue may be one of the following: 1. Where the contract was entered into. 2. If the suit is on an unsecured promissory note, where the note is signed or where the maker resides. 3. If the suit is to recover property or to foreclose a lien, where the property is located. 4. Where the event giving rise to the suit occurred. 5. Where any one or more of the defendants sued reside. 6. Any location agreed to in a contract. 7. In an action for money due, if there is no agreement as to where suit may be filed, where payment is to be made.

4. 04

   Someone else owes what the plaintiff claims — third-party practice

   Fla. Sm. Cl. R. 7.100(e)

   A defendant who says a non-party is liable for all or part of the claim may bring that person in — with leave of court sought by motion at the pretrial conference, and the third-party complaint filed within court-allowed time. The clerk then sets a supplemental pretrial, and the third-party defendant appears the same way any party does.

   The law at this stage — verbatim

   Fla. Sm. Cl. R. 7.100(a)If a defendant has a claim or setoff against a plaintiff that arises out of the same transaction or occurrence which is the subject matter of the plaintiff's claim, the counterclaim or setoff shall be filed not less than 5 days before the initial appearance date (pretrial conference), or within such time as the court designates, or it is abandoned.

5. 05

   The pretrial and the trial — the same track the plaintiff walks

   Fla. Sm. Cl. R. 7.090(b), (d)Fla. Sm. Cl. R. 7.135

   The pretrial narrows issues, takes admissions, and explores settlement; where nothing is triably disputed, judgment can enter there under Rule 7.135. Otherwise trial sets within 60 days on at least 10 days' notice, nonjury unless a jury is properly demanded — and the pretrial order's instruction sheet governs preparation for both sides equally: one trial, everything ready, a court reporter only if a party hires one.

   ⏱ 60 days after — trial set (outer limit)⏱ 10 days before — minimum trial notice
   The law at this stage — verbatim

   Fla. Sm. Cl. R. 7.090(a)–(b)The summons/notice to appear shall specify that the initial appearance shall be for a pretrial conference. The initial pretrial conference shall be set by the clerk not more than 50 days from the date of the filing of the action. Appearance may be in person or through the use of communication technology under Florida Rule of General Practice and Judicial Administration 2.530.

   Fla. Sm. Cl. R. 7.135At pretrial conference or at any subsequent hearing, if there is no triable issue, the court shall summarily enter an appropriate order or judgment.

   Fla. Sm. Cl. R. 7.090(d)The court shall set the case for trial not more than 60 days from the date of the pretrial conference. Notice of at least 10 days of the time of trial shall be given.

6. 06

   If judgment enters against you — the duties and the doors

   Fla. Sm. Cl. R. 7.221Fla. Sm. Cl. R. 7.180(a)Fla. Sm. Cl. R. Form 7.345

   A money judgment on the approved form orders the Fact Information Sheet completed and returned to the judgment holder within 45 days of the judgment — never filed with the court. A timely new-trial motion (15 days) or an appeal suspends the duty, and satisfaction ends it. The installment stipulation remains the rules' instrument for paying over time, and the satisfaction form closes a paid judgment on the record.

   ⏱ 45 days after — Fact Information Sheet (Form 7.343) returned⏱ 15 days after — motion for new trial filed
   The law at this stage — verbatim

   Fla. Sm. Cl. R. 7.221 / Form 7.340 enforcement paragraphThe defendant(s) shall complete Florida Small Claims Rules Form 7.343 (Fact Information Sheet) and return it to the plaintiff's attorney, or to the plaintiff if the plaintiff is not represented by an attorney, within 45 days from the date of this final judgment, unless the final judgment is satisfied or a motion for new trial or notice of appeal is filed. The defendant should NOT file the completed form 7.343 with the court.

   Fla. Sm. Cl. R. 7.180(a)A motion for new trial shall be filed not later than 15 days after return of verdict in a jury action or the date of filing of the judgment in a nonjury action.

   Fla. Sm. Cl. R. 7.110(e)If it appears on the face of the record that no activity has been taken by filing of pleadings, order of court, or otherwise for a period of 6 months, the action must be dismissed by the court on its own motion or on motion of any interested person. Prior to any action being dismissed for failure to prosecute, 30 days' notice must be provided to the parties.

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