A commercial debt collection lawyer in Florida helps a business sue to recover money that a customer, borrower, or guarantor owes under a business agreement. This page explains what that lawsuit involves, how the steps run, and which deadlines matter most. Ayala Law PA focuses on business litigation and contract disputes, and this page covers the debt-recovery part of that work. The firm’s office is in Tampa, Florida, at 1646 W Snow Ave. The firm serves businesses in Tampa, Hillsborough County, Brandon, Riverview, Plant City, and Temple Terrace.
What a Commercial Debt Collection Lawsuit Is and Who It Is For
A commercial debt collection lawsuit asks a court to order a debtor to pay money owed under a business contract. Common examples include:
- Unpaid invoices for goods or services
- Promissory notes and loan agreements
- Personal promises to pay a company’s debt, signed by an owner
This page is written for owners, controllers, CFOs, and operators of Tampa Bay companies who are owed money. It covers the business-creditor side only. Consumer debt defense and bankruptcy relief are outside its scope.
If you sold goods and the buyer accepted them but never paid, Florida law lets you recover the price. Fla. Stat. § 672.709 sets out that rule. It also covers goods tied to the contract that you cannot resell at a reasonable price after reasonable effort, or where the circumstances show that such effort would be unavailing.
If a customer's overdue invoice or unpaid loan has stopped moving after demands, you may have a claim worth reviewing with Ayala Law PA. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
What the Representation Covers
The representation covers the full path, from the first demand to collecting a judgment.
- Contract and records review. We look at the agreement, invoices, payment history, proof of delivery or performance, and any personal promise to pay.
- Written demand. A demand letter states the amount owed, the contract basis, and a deadline for payment.
- Filing and service. The complaint is filed in a proper Florida county, and the debtor is served.
- Responses and motions. We handle the debtor’s answer, discovery, and motions, including default or summary judgment where the record supports them.
- Post-judgment collection. After a judgment, we pursue the lien and execution steps described below.
Venue is set by statute. A suit may be brought only where the defendant resides, where the claim arose, or where the disputed property sits; this rule does not apply to actions against nonresidents (Fla. Stat. § 47.011). For a domestic corporate defendant, the county where it has or usually keeps an office for its customary business also counts; for a foreign corporation doing business in Florida, the county where it has an agent or other representative also counts (§ 47.051). For many Tampa Bay debts, that can point to Hillsborough County.
A judgment becomes a lien on real property in a county once a certified copy is recorded there, provided the judgment contains the lienholder’s address or a separate affidavit stating that address is recorded at the same time (§ 55.10). Fla. Stat. § 55.10 reads: “A judgment, order, or decree does not become a lien on real property unless the address of the person who has a lien as a result of such judgment, order, or decree is contained in the judgment, order, or decree or an affidavit with such address is simultaneously recorded with the judgment, order, or decree.” For recordings made on or after July 1, 1994, that lien lasts an initial 10 years. Florida also allows property to be levied and sold under execution, including goods and stock in corporations (§ 56.061).
How the Process Works, Step by Step
The process runs in five stages: review, demand, filing, litigation, and collection.
- Intake and document review. Bring the contract, invoices, payment records, and any personal promise to pay. These show the amount owed and who is responsible for it.
- Demand. A written demand puts the debtor on notice and sets a payment date. Some contracts require notice or mediation first.
- Filing and service. The complaint is filed in the proper county.
- Responses and discovery. The debtor answers or does not. Discovery and motions follow, and some cases end with a default or summary judgment.
- Resolution and collection. The case ends by settlement, mediation, judgment, or trial. Collection steps follow a judgment.
Mediation works differently than many owners expect. Under § 44.102, upon the request of one party, a court must refer a filed civil action for monetary damages to mediation, provided the requesting party is willing and able to pay the costs of the mediation or the costs can be equitably divided between the parties, unless an exception applies, such as an action filed for the purpose of collecting a debt. Fla. Stat. § 44.102 reads: “(2) A court, under rules adopted by the Supreme Court: (a) Must, upon request of one party, refer to mediation any filed civil action for monetary damages, provided the requesting party is willing and able to pay the costs of the mediation or the costs can be equitably divided between the parties, unless: 1.”
Timelines depend on the facts of each matter and the court involved.
Deadlines and Options Before You File
Florida sets a deadline for filing suit, and a missed deadline can bar the claim. The rules are in the Florida limitations statute, § 95.11. Under § 95.031, a claim accrues when its last element occurs. Pinpointing that date takes a close look at the paperwork, so start early.
An arbitration pending on the same dispute also pauses it (§ 95.051).
An oral agreement is not automatically unenforceable. Florida’s Supreme Court holds that an oral contract still needs offer, acceptance, consideration, and essential terms stated clearly enough (St. Joe Corp. v. McIver).
Before filing, business owners often try:
- A written demand with a clear payment date
- A signed payment plan
- Mediation, if the contract provides for it
Keep an account statement that shows the prior transactions, the amount due, and the customer’s promise to pay. An account stated claim needs that kind of agreement (Bushnell v. Portfolio Recovery Assocs.).
Why Ayala Law PA for Commercial Debt Recovery
Eduardo A. Maura is the lawyer responsible for this page, and the firm focuses on business and commercial matters. Its practice areas include business litigation, commercial litigation, contract disputes, shareholder disputes, construction litigation, real estate litigation, and international trade litigation in Florida courts and arbitration.
Our team includes support staff. They handle filings, records, and scheduling under the lawyer’s direction.
The firm’s only office is at 1646 W Snow Ave, Tampa, Florida. The firm represents businesses in Tampa, Hillsborough County, Brandon, Riverview, Plant City, and Temple Terrace, and its office is located in Tampa, Florida.
Frequently Asked Questions
Here are short answers to questions business owners often ask about suing for unpaid business debt in Florida.
Which court handles an unpaid invoice?
Which court a dispute belongs in can depend on factors such as the amount in dispute and the type of claim. We review both during your case evaluation.
Do I need a written contract to sue?
No. Florida courts enforce oral agreements that have offer, acceptance, consideration, and clear essential terms.
Goods and stock can also be levied under execution.
Do I have to send a demand letter first?
Not always. A written demand is common, and some contracts require notice or mediation first.
Can a business owner be personally liable for the company’s debt?
Only in limited ways, such as a signed personal promise to pay. Florida requires that promise to be in writing and signed (§ 725.01). Fla. Stat. § 725.01 reads: “unless the agreement or promise upon which such action shall be brought, or some note or memorandum thereof shall be in writing and signed by the party to be charged therewith or by some other person by her or him thereunto lawfully authorized.”
Can I also sue for unjust enrichment on the same debt?
Generally not, when an express contract covers the same subject matter (Williams v. Johnson).
What will it cost to get started?
Fee and cost terms, including court and service costs you may owe, are explained during your case evaluation.
Not sure what your next step is?
Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Next Step for Your Unpaid Account
If demands have not brought payment, a lawsuit may be the next step to review. Bring your contract, invoices, and payment history to a case evaluation with Ayala Law PA through our contact page, or call (305) 570-2208 to talk about the account.
