How to Sue a Company in Florida: From Complaint to Enforcement

To sue a company in Florida, you confirm the statute of limitations has not run, choose the court that matches your claim’s size and type, file a written complaint with the required filing fee, and formally serve the company through its registered agent. From there, the case moves through discovery, court-ordered mediation in most instances, pretrial motions, and possibly trial. Winning is only half the work. Collecting on a judgment is a separate process with its own tools and deadlines.

Confirm Your Filing Deadline

Florida sets strict cutoffs for civil lawsuits, and missing one usually ends the case no matter how strong the underlying facts are. The deadline depends on what kind of claim you have:

The clock generally starts on the date of the breach or injury, not the date you discovered the problem or finished dealing with its effects. One of the most common ways plaintiffs lose their case before it starts is by waiting through drawn-out settlement talks with the company. If you are anywhere near the cutoff, file now and negotiate afterward.

Pick the Right Court

Where you file depends on how much money is at stake and what kind of claim you are bringing.

Small Claims Court

If your dispute involves $8,000 or less, not counting court costs, interest, or attorney fees, you can file in small claims court, a simplified division of county court.2Florida Courts. Small Claims Paperwork is lighter, hearings come faster, and many plaintiffs handle these cases without a lawyer.

County Court and Circuit Court

Claims up to $50,000 belong in county court.3Florida Senate. Florida Code 34.01 – Jurisdiction of County Court Anything above that goes to circuit court, which also handles non-monetary claims such as injunctions. Do not undervalue a claim to stay in county court. Doing so can waive your right to recover the full amount later.

Federal Court

Some cases belong in federal district court instead. This includes claims arising under federal statutes like the Fair Labor Standards Act or the Americans with Disabilities Act. Federal court is also available when you and the company are citizens of different states and the amount at issue exceeds $75,000.4Office of the Law Revision Counsel. 28 USC 1332 – Diversity of Citizenship; Amount in Controversy; Costs Certain federal claims add pre-filing steps. ADA employment claims, for example, require a charge with the EEOC and a right-to-sue letter before a lawsuit can be filed.5ADA.gov. Guide to Disability Rights Laws

Choosing the County

Florida generally requires you to file in the county where the defendant resides, where the events happened, or where the property at issue sits.6Online Sunshine. Florida Statutes 47.011 – Where Actions May Be Begun For a company, “resides” effectively means the principal place of business. If your contract has a venue or forum-selection clause, courts will usually enforce it.

Before You File

Florida does not require a demand letter before suing most private companies, but sending one often makes sense. A clear letter explaining what you want and why can prompt settlement without litigation and creates a record that you tried to resolve the dispute first.

The rule is different for lawsuits against government entities. You must present a written claim to the appropriate agency, and for state claims to the Department of Financial Services, before filing suit.7Online Sunshine. Florida Statutes 768.28 – Waiver of Sovereign Immunity in Tort Actions Skipping this notice gets the case dismissed.

Draft and File the Complaint

The complaint is the document that starts the lawsuit. Under Florida’s rules, every complaint needs three things: a statement of why the court has jurisdiction, a plain description of the facts entitling you to relief, and a specific demand for what you want, typically money damages.8Supreme Court of Florida. Florida Rules of Civil Procedure – Rule 1.110 A breach of contract complaint, for instance, would describe the agreement, explain how the company failed to perform, and state the losses that followed.

Fraud claims carry a stricter pleading standard. You have to describe the specific circumstances of the alleged fraud in enough detail that the company can identify exactly what conduct you are challenging. Vague accusations will not survive a motion to dismiss. If a complaint falls short, courts often permit an amended version rather than throwing the case out for good.

Filing Fees

Fees are due when the complaint is filed. In county court, they scale with the claim amount:

Circuit court fees are set separately and run higher. Plan on additional costs for service of process (usually $50 to $150 for a private process server), court reporters if you take depositions, and expert witnesses if the case calls for them. Plaintiffs who cannot afford these costs can apply for indigent status, which lets the case move without upfront payment.

Serve the Company

Filing does not put the company on notice. Service of process does, and it has specific rules that cannot be bypassed by handing papers to whoever answers the door.

The first option is serving the company’s registered agent. Every Florida corporation lists one in the Division of Corporations database at sunbiz.org.10Online Sunshine. Florida Statutes 48.081 – Service on a Domestic Corporation or Registered Foreign Corporation If the registered agent cannot be reached after a genuine attempt, service can go to the president, vice president, secretary, treasurer, or any person named in the company’s most recent annual report.

When none of those individuals can be served after diligent effort, Florida permits substituted service through the Secretary of State. This route is common for out-of-state companies doing business in Florida. The summons is issued in the defendant’s name, in care of the Secretary of State, and submitted together with the complaint and proof of the failed attempts to the Division of Corporations.11Florida Department of State. Service of Process Online As of 2023 there is no fee, and submissions can be made online or by paper.

Once served, the company has 20 days to respond. If it misses that deadline, you can move for a default judgment.

Discovery

After the company answers, both sides move into discovery, the phase where you exchange information and build the record for trial. Discovery is where cases against companies tend to get slow and expensive, and it is also where the strongest cases take real shape.

The main tools are interrogatories (written questions the company answers under oath within 30 days), requests for production (demands for contracts, invoices, emails, and internal records), and depositions (live, recorded questioning of company representatives). If a company stalls or refuses to produce documents, you can file a motion to compel, and the court can order compliance and impose sanctions if the stonewalling continues.

Expect pushback. Companies often move for protective orders arguing that requests are too broad or seek privileged material. Attorney-client communications and attorney work product are generally off-limits. Trade secrets and confidential business records may be shielded as well, though a court can order disclosure under a confidentiality agreement if you show a real need. Focused, targeted requests tend to work better than sweeping demands.

Court-Ordered Mediation

Florida courts route most civil damage cases through mediation before trial. If either party requests it, the court must refer the case to mediation as long as the requesting party can cover the cost, and the court can order mediation on its own.12Online Sunshine. Florida Statutes 44.102 – Court-Ordered Mediation A few categories are excluded, including debt collection actions and small claims cases.

At mediation, a neutral third party works with both sides to try to reach a settlement. Anything said in mediation stays out of evidence if the case does not settle. Once mediation begins, it must be completed within 45 days unless the court extends the deadline. Discovery continues in parallel. A significant share of Florida civil cases end at this stage rather than at trial.

Pretrial Motions

Before trial, either side can file motions that narrow the issues or end the case entirely. Two matter most.

A motion to dismiss argues that even if everything in the complaint is true, it fails to state a valid legal claim, or that the court cannot hear the case. Florida’s rules list seven grounds, including lack of jurisdiction, improper venue, and failure to state a cause of action. A dismissal usually comes with permission to amend and refile.

A motion for summary judgment asks the court to decide the case without trial because there is no genuine dispute over the key facts. Florida amended its summary judgment rule effective May 1, 2021, to match the federal standard.13The Florida Bar. Amendments to Florida Rule of Civil Procedure 1.510 – Summary Judgment Under the current rule, the moving party does not have to disprove every element of the opposing claim. It can simply point to the absence of evidence supporting a necessary element. Cases with weak evidentiary support are now more likely to end at this stage.

Trial

If nothing resolves the case earlier, it goes to trial. As the plaintiff, you carry the burden of proof and must show your version of events is more likely true than not, called the preponderance of the evidence standard. It is lower than the criminal “beyond a reasonable doubt” bar, but it still demands credible evidence.

Either party can request a jury, or both can agree to a bench trial where the judge decides alone. Jury trials open with voir dire, the questioning that identifies and removes biased jurors. From there the trial follows a fixed shape: opening statements, evidence and witness testimony, cross-examination, and closing arguments. After deliberation the jury or judge returns a verdict, and the court enters a judgment.

Attorney Fees

Florida follows the American Rule: each side pays its own attorney regardless of who wins. Winning your case does not automatically get you your lawyer’s bill back.

Several exceptions matter. If your contract with the company includes an attorney fee provision, the prevailing party can recover fees under that clause. Certain Florida statutes also shift fees in specific areas, including consumer protection and insurance disputes. Florida law separately allows courts to award fees against a party or attorney who pursues a claim or defense unsupported by the facts or law, though only after the opposing side serves a motion giving 21 days to withdraw or correct the problem.14Online Sunshine. Florida Statutes 57.105 – Attorney Fee; Sanctions for Raising Unsupported Claims or Defenses Understanding these rules early shapes both litigation strategy and a realistic budget.

Enforcing the Judgment

A judgment on paper does not put money in your account. If the company will not pay voluntarily, Florida gives you several enforcement tools.

Writs of Execution

A writ of execution directs the sheriff to seize and sell the company’s assets to satisfy the judgment. It stays valid for the life of the judgment and can reach real property, personal property, and corporate stock.15Online Sunshine. Florida Statutes Chapter 56 – Final Process

Judgment Liens

Recording a certified copy of the judgment in the county where real property sits creates a lien on that property. The lien lasts 10 years and can be extended for another 10 by re-recording before it expires.16Online Sunshine. Florida Statutes 55.10 – Recording of Judgments, Orders, or Decrees For personal property, a separate lien is filed with the Florida Department of State, lasts five years, and can be renewed once for another five.17Florida Department of State. Judgment Lien

Garnishment

Garnishment intercepts money a third party owes the company. You get a writ from the court and serve it on the third party, such as the company’s bank or a customer, which then has 20 days to disclose what it owes the defendant.18Online Sunshine. Florida Statutes Chapter 77 – Garnishment

Post-Judgment Discovery

If you do not know where the company’s money is, the court can order it to complete a detailed fact information sheet listing bank accounts, assets, income, and debts. The disclosure is under oath, and ignoring the order can bring contempt sanctions. This is often the most effective first step when a company claims it has nothing to pay.

Appeals

If either side wants to appeal, the notice of appeal has to be filed within 30 days of the date the judgment is rendered.19Florida Appellate Rules. Rule 9.110 – Appeal Proceedings to Review Final Orders of Lower Tribunals That deadline does not move. An appeal is not a retrial and does not allow new evidence. It asks a higher court to decide whether the trial judge made a legal error. The appellate court can affirm, reverse, or send the case back for another trial. Appeals add months or years and their own costs, so weigh them against the realistic odds of a different outcome.