Filing a Lawsuit as an Individual Plaintiff in Florida

2. Florida Legal Context

Florida civil cases follow the Florida Rules of Civil Procedure and applicable statutes. Key building blocks:

• Where to file (amount in controversy):
  • Small Claims (County Court): disputes up to $8,000 (excluding interest, costs, and fees) follow the Florida Small Claims Rules.
  • County Court (civil): generally for claims up to $50,000.
  • Circuit Court: claims over $50,000, or matters in equity (e.g., injunctions, quiet title, specific performance).
• Venue: file in a county with a legal nexus (where the defendant resides, where the contract was to be performed, or where the conduct occurred).
• Starting the case: draft and file a Complaint stating facts and legal counts; file the Civil Cover Sheet (Form 1.997); pay the filing fee; the clerk issues a Summons.
• Service of process: you generally have 120 days after filing to serve each defendant with the summons and complaint (Rule 1.070). Service is made by sheriff or certified process server.
• Defendant’s response: a defendant typically has 20 days after service to file an Answer or a Motion to Dismiss (Rule 1.140). Failure to respond can result in default judgment.
• Pre‑suit requirements: some claims require pre‑suit notices (examples: construction defects—Ch. 558; defamation vs. media—§ 770.01; medical malpractice—Ch. 766). Filing without satisfying pre‑suit steps can lead to dismissal.
• E‑Filing: Most civil filings are made through the Florida Courts E‑Filing Portal.

Statutes of limitations vary by claim; many contract and fraud claims are years in length, while general negligence claims are shorter. Act quickly to preserve rights.

3. Real-World Application

Common individual plaintiff scenarios:

• A homeowner sues a contractor for defective or unfinished work and code violations.
• A buyer sues a seller for breach of a real estate contract or failure to deliver marketable title.
• A consumer sues a business for civil theft or unfair/deceptive practices.
• A partner sues a co‑owner for breach of fiduciary duty or accounting.
• A property owner files quiet title to clear liens or competing claims.

Most cases proceed through discovery (interrogatories, requests to produce, admissions, depositions, subpoenas) and mediation before trial. Many resolve by settlement once the facts are exchanged and legal risks clarified.

4. Why It Matters for Clients

A well‑planned lawsuit can recover losses, stop ongoing harm, and restore leverage for settlement. Missteps—wrong venue, missed deadlines, unclear pleading, or incomplete service—can delay or jeopardize your case. Early strategy also reduces costs: preserving evidence, narrowing issues, and using fee‑shifting tools (like statutory Proposals for Settlement) can change outcomes.

5. How Our Law Firm Can Help

We guide individuals through the entire litigation lifecycle:

• Case evaluation & strategy: claims analysis, evidence mapping, choice of court and venue
• Complaint drafting: precise counts (e.g., breach, fraud, civil theft, unjust enrichment) with remedy alignment
• Filing & service: e‑filing, civil cover sheet, summons issuance, process service coordination
• Discovery & motions: subpoenas, depositions, protective orders, dispositive motions
• Negotiation & trial: mediation, proposals for settlement, bench/jury trial readiness
• Judgment enforcement: liens, garnishments, and post‑judgment discovery when needed

6. FAQs (Frequently Asked Questions)

Q1: How fast do I need to act?
Deadlines vary by claim. Some claims have short limitations periods. The sooner we review your facts, the better we can preserve evidence and meet all timing rules.

Q2: Can I file in Small Claims to save costs?
If your damages are $8,000 or less, Small Claims offers a streamlined path. If your losses may exceed that, filing in county or circuit court is usually better.

Q3: Do I have to try mediation?
In most Florida circuits, courts will order mediation before trial. Many cases settle there, saving time and expense.

Q4: What if I can’t find the defendant?
You must attempt personal service; if diligent efforts fail, we may seek substitute or constructive service by statute, but it’s technical—errors can delay your case.

Q5: Can I recover my attorney’s fees?
Only if a statute or contract provides for fees (e.g., § 772.11 civil theft; fee clauses in contracts). Proposals for Settlement can also shift fees in certain damages cases.

Q6: How long will my case take?
Timelines vary by court and complexity. Early motion practice and targeted discovery can shorten the path to resolution or trial.