If your business was just served with a lawsuit in Florida, the first days matter most. A response is due within a short, set time after service. Missing it can let the other side ask the court for a default against your company. This page explains what to do when a business lawsuit is served in Florida, step by step, in plain language.
Short Answer: How Long Does a Business Have to Respond?
A business generally has a short, fixed time to respond after it is served. The summons and the court rules set the exact date, so find that date on day one.
Several things affect the date. The day the papers were delivered matters. So does the kind of response you file. The exact date depends on the facts of service and the filings made, so don’t guess.
Write the date on your calendar the same day the papers arrive. Then set a reminder well ahead of it. Don’t wait for an insurer’s reply or an internal sign-off before you calendar the date.
If your company was just served and the response date is counting down, you don't have to sort out the papers alone. Call (305) 570-2208 to talk through the next step. 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 Should a Business Check on Day One?
Read every page you were handed, and write down how the company was served. A short checklist keeps the facts straight.
Record the court, the case number, and the name of the person who served the papers. Note the date and the method of delivery. Read the complaint for the claims, the amount demanded, and the name of the plaintiff’s lawyer.
Then check who received the papers. Florida has specific rules for LLCs. Under Fla. Stat. § 48.062, an LLC is generally served through its registered agent. If that agent cannot be served after one good faith attempt because of a failure to comply with chapter 48 or chapter 605, or if the LLC ceases to have a registered agent, the statute allows service on any manager of a manager-managed LLC, any member of a member-managed LLC, or any person listed on the LLC’s latest annual report. Separately, Fla. Stat. § 605.0117 says who may receive a notice or demand under chapter 605: a member of a member-managed LLC, a manager of a manager-managed LLC, the registered agent at the registered office in Florida, or another Florida address that is in fact the principal office.
A service problem is worth raising with counsel early. Keep the original envelope and any delivery receipt.
What Should a Business Do in the First Three Days?
Name one person to own the file. That person gets every page and every call about the case. Put the response date on every calendar that managers use.
Notify your insurer. Many policies have their own notice rules, so check the policy’s notice terms now. Waiting can create problems of its own.
Keep the business running, but route all legal papers to the person responsible for legal matters. One absence should not delay a response.
Avoid contacting the plaintiff or the plaintiff’s lawyer about the merits. Anything you say can end up in the record and be used later.
How Should a Business Preserve Records After Being Sued?
Halt routine deletion of anything tied to the dispute, and do it today. That includes email, text messages, accounting entries, project files, job-site photos, and daily logs.
Include records held by employees, vendors, and subcontractors if the company controls them or can ask for them. Gather the contract, amendments, purchase orders, change orders, invoices, and correspondence. These documents often show what was agreed and what happened.
Keep the review private with counsel. Florida’s lawyer-client privilege covers confidential communications made to get legal services, and a business entity can claim it. The privilege has exceptions. So keep case analysis in conversations with your lawyer, not in informal internal emails that others pass around.
Which Defenses and Motions Should Be Reviewed Early?
Early review asks three questions. Is this the right court? Does the contract send the dispute elsewhere? Do the claims have support?
Venue comes first. Under Fla. Stat. § 47.011, an action must be brought in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located; this section does not apply to actions against nonresidents. A Hillsborough County business sued somewhere else should check that point early.
Jurisdiction is the next question. Fla. Stat. § 48.193 lists acts that bring a person under Florida court jurisdiction. Those include operating a business in Florida and breaching a contract by failing to perform acts required in Florida, for causes of action arising from those acts.
Check the contract for an arbitration clause too. A written agreement to arbitrate is generally valid and enforceable under Fla. Stat. § 682.02. Under that statute, the court decides whether an agreement to arbitrate exists. Whether a clause applies to your dispute depends on its exact wording.
What Goes Into an Answer and Counterclaims?
An answer responds to each allegation in the complaint.
Review them while you prepare the answer, not after.
Florida also limits claims that lack support. Under Fla. Stat. § 57.105, a court shall award a reasonable attorney’s fee, generally paid in equal amounts by the losing party and its attorney, on a claim or defense they knew or should have known was not supported by the material facts or by then-existing law. There are exceptions: no award for lack of legal support if the claim or defense was presented as a good faith argument to extend, modify, or reverse existing law or establish new law with a reasonable expectation of success; no award against an attorney who acted in good faith on the client’s account of the facts; no award against a represented party when the problem is only lack of legal support; and no sanctions on the court’s own initiative unless awarded before a voluntary dismissal or settlement. A sanctions motion must be served first. It cannot be filed if the challenged paper is withdrawn or corrected within 21 days after service.
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.
What Happens After the Answer Is Filed?
After the first pleadings, the case moves toward discovery. Mediation and settlement talks may also start.
Discovery means document requests, written questions, and depositions. Each has its own response period. Track every one on the calendar.
Mediation may come sooner than you expect. Under Fla. Stat. § 44.102, a court must, on one party’s request, refer a filed civil action for money damages to mediation. Under Fla. Stat. § 44.102, a court 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 an exception applies. Under Fla. Stat. § 44.102, actions filed for the purpose of collecting a debt are among the exceptions to this mandatory mediation referral.
See Fla. Stat. § 44.405. A signed written settlement agreement is not confidential unless the parties agree otherwise.
Florida’s offer-of-settlement statute, Fla. Stat. § 45.061, sets timing rules for written settlement offers. It was enacted by chapter 87-249, Laws of Florida, as amended by chapter 90-119, and by its own terms it does not apply to causes of action that accrue after the effective date of that act. For causes of action that accrue on or before the effective date of that act, the statute provides that the offer remains open for 45 days unless withdrawn sooner by a writing served on the offeree prior to acceptance by the offeree. The statute also does not apply to any class action or shareholder derivative suit, or to matters relating to dissolution of marriage, alimony, nonsupport, eminent domain, or child custody. A business served now should confirm with counsel whether this timing applies to its case at all. For how a demand letter frames a business dispute, see our demand letter guide.
What Mistakes Make a Served Lawsuit Harder?
The most common mistake is waiting while the response date passes. Waiting for insurer approval or an internal meeting can push the response past the deadline.
Other mistakes come up often:
- Ignoring a second set of papers or an amended complaint.
- Answering the plaintiff by email or text.
- Failing to tell the registered agent or the person who receives legal papers.
- Deleting records after the company is served.
Quick Answers
How long does a business have to respond to a lawsuit in Florida?
The time is short and fixed. Check the summons and calendar the date the day papers arrive.
Can a business challenge how it was served?
Yes, service problems can be raised early. Service on a domestic limited liability company or a registered foreign limited liability company follows the rules in Fla. Stat. § 48.062.
Can a Florida business lawsuit go to arbitration?
It may, if the contract contains a valid arbitration agreement under Fla. Stat. § 682.02.
How Ayala Law PA Works With Businesses Served in Florida
Ayala Law PA focuses its practice on business litigation, commercial litigation, contract disputes, shareholder disputes, construction litigation, real estate litigation, and international trade litigation. The firm handles these matters in Florida courts and in arbitration. The business litigation page covers the practice in more detail.
Eduardo A. Maura is the responsible lawyer for this page. The firm’s only office is at 1646 W Snow Ave, Tampa, and the firm represents businesses in Tampa and Hillsborough County. The firm serves businesses in Tampa, Hillsborough County, Brandon, Riverview, Plant City, Temple Terrace, and the wider Tampa Bay area. Businesses in Hillsborough County can also review our Hillsborough County business litigation page.
Some matters may be referred to another lawyer or firm. Fee terms are discussed directly with the firm when you call.
Call (305) 570-2208 Before the Response Date Passes
If your company was just served and the response date is counting down, you don’t have to sort out the papers alone. Bring the summons, the complaint, the contract, and any notices you received. Call (305) 570-2208 or send your questions through our contact page, and we’ll talk through the next step with you.
