Unpaid Invoices? Take Collection Action Through the Courts

Business Collection Lawsuit in Florida

If a customer owes your company money for goods, services or completed work, a business collection lawsuit in Florida may be the next step. The contract and your records decide how strong the claim is.

Ayala Law PA focuses on business litigation, including commercial and contract disputes in Florida courts and arbitration. Eduardo A. Maura is the responsible lawyer for this page. 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, Temple Terrace and the Tampa Bay area.

What a Business Collection Lawsuit Is and Who It Is For

A business collection lawsuit is a civil case to recover an unpaid commercial balance. It covers money owed between businesses, not consumer debts.

It often fits:

• Manufacturers and distributors that ship goods on invoice terms
• Contractors and subcontractors waiting on progress or final payments
• Service providers with open accounts
• Any business that extends credit and is owed money it has not been paid

The claim is about the balance itself. The lawsuit asks a judge to decide whether the customer owes the amount and, if so, to enter a judgment.

Claims for Unpaid Commercial Balances

Most unpaid business balances fall into a few claim types. Each one depends on different proof.

• Breach of contract. This covers unpaid invoices under a written or oral agreement, including purchase orders and service terms.
• Goods sold and accepted. Under Florida’s sale-of-goods law, when the buyer fails to pay the price as it becomes due, a seller may recover the price of goods the buyer accepted.
• Owner promises. A written promise by an owner to pay a company’s debt is reviewed as its own issue.
• Fees and interest. Contract terms control much of this. Under § 57.105(7), for a contract entered into on or after October 1, 1988 that allows fees for enforcement, the court may also allow reasonable fees to the other party when that party prevails. Fla. Stat. § 57.105 reads: “If a contract contains a provision allowing attorney’s fees to a party when he or she is required to take any action to enforce the contract.”

Documents That Decide Whether the Claim Is Supported

The records you gather early usually decide whether the claim holds up. Start with these:

• The contract, purchase order, quote, work order or signed proposal that sets price and scope
• Every invoice, with dates, line items, amounts and payment terms
• Proof of delivery or completion, such as delivery tickets, signed receipts, inspection reports and job logs
• Emails and texts showing approval, change orders or promises to pay
• A full payment history, including credits and offsets
• Copies of demand letters and any written dispute from the customer

Keep originals in one place. Don’t edit records once a dispute starts.

How the Process Works, Step by Step

A typical case moves from review to demand, filing, resolution and collection. Timing depends on the court calendar and the other side’s response.

1. Review. We read the contract, invoices and delivery proof to identify the claims, the amount and the customer, including any owner who signed a promise to pay.
2. Deadline check. Under § 95.11, Florida sets time limits for filing a lawsuit, and they vary by type of claim. Check it early.
3. Demand letter. A written demand states the amount, the basis for the debt and a response date.
4. Filing. The complaint goes to the proper court. Under § 47.011, suits must be brought only 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.
5. Pleadings and discovery. The customer responds, may raise defenses or counterclaims, and both sides exchange records.
6. Resolution. The case may settle, go to mediation or be decided by the court.
7. Judgment and collection. A judgment can become a lien on real property once a certified copy is recorded with the lienholder’s address, under § 55.10. Under Fla. Stat. § 55.10, a judgment, order, or decree becomes a lien on real property in any county when a certified copy of it is recorded in the official records or judgment lien record of the county, whichever is maintained at the time of recordation, provided that the judgment, order, or decree contains the address of the person who has a lien as a result of it, or a separate affidavit stating that address is recorded simultaneously with it. A judgment, order, or decree does not become a lien on real property unless that address is contained in it or an affidavit with that address is simultaneously recorded. Property can be subject to levy and sale under § 56.061.

Resolving the Balance Before and During Litigation

Many balances resolve after a demand letter or early talks. That can be quicker than a contested case. Options include payment plans, reduced lump-sum payments and agreed judgments.

Formal offers also matter. Under § 45.061, an offer to settle a claim remains open for 45 days. It is deemed rejected if it is neither accepted nor withdrawn in a writing served on the offeree before acceptance. Under Fla. Stat. § 45.061(6), this section does not apply to causes of action that accrue after the effective date of this act. An offer is presumed to have been unreasonably rejected by a defendant if the judgment entered is at least 25 percent greater than the offer rejected, and by a plaintiff if the judgment entered is at least 25 percent less than the offer rejected.

A written contract can set the interest rate on the balance. Without one, judgments carry the statutory rate, which the Chief Financial Officer sets quarterly under § 55.03.

Keep invoices and delivery records current while a matter is pending. Avoid informal threats or public statements about the debt, since these can complicate the claim.

Why Ayala Law PA for a Business Collection Lawsuit in Florida

Ayala Law PA focuses on business litigation. That includes commercial and contract disputes, construction litigation, real estate litigation and international trade litigation in Florida courts and arbitration.

• Eduardo A. Maura is the responsible lawyer for this page.
• Businesses in Tampa and Hillsborough County are served from the firm’s Tampa office at 1646 W Snow Ave, Tampa, Florida. Ayala Law PA represents Tampa and Hillsborough County businesses.
• Support staff help with document organization and case administration.
• A matter may be referred to another lawyer or firm when that is the better fit.
• This page includes no client testimonials and makes no promise about any result.

Common Questions About Business Collection Lawsuits in Florida

Can an owner be personally liable for an LLC’s debt?

Talk With Ayala Law PA About Your Unpaid Balance

If a customer has accepted your work and stopped paying, start with the contract, the invoices and the delivery proof. Those records show what the claim covers and which claim type fits.

To talk through your balance, call (305) 570-2208 or request a case evaluation. Fee terms are discussed directly when you reach out.