Educational reference
What happens after we prepare your complaint
PaperUp’s job ends when your document is ready. Everything after that, filing it, serving the defendant, and meeting every deadline, is yours to do. Here is what that involves.
1. Time limits
A statute of limitations is the deadline to file. Miss it and the claim is gone regardless of its merits. In Florida (Fla. Stat. §95.11):
| Type of claim | Deadline | Section |
|---|---|---|
| Written contract | 5 years | §95.11(2)(b) |
| Oral / unwritten contract | 4 years | §95.11(3)(j) |
| Fraud | 4 years | §95.11(3)(i) |
| Taking or damaging personal property (conversion) | 4 years | §95.11(3)(g) |
| Statutory claims, incl. Civil Theft and FDUTPA | 4 years | §95.11(3)(e) |
| Negligence / personal injury | 2 years | §95.11, as amended 2023 |
2. Which court
Claims of $50,000 or less go to County Court; more than $50,000 to Circuit Court. Your complaint names the right one based on your answers. Separately, claims where the amount demanded is $8,000 or less, excluding costs, interest, and attorney’s fees, run under Florida’s Small Claims Rules, which are simpler and use a pretrial conference instead of a written answer.
3. Filing
File with the Clerk of Court in the correct county, in person or through the county’s e-filing portal. There is a filing fee set by statute (Fla. Stat. §34.041 for county court, §28.241 for circuit court); the amount depends on the court and the size of your claim, so confirm the current fee with the clerk. The clerk assigns a case number and issues a summons.
4. Service
You must formally deliver the summons and complaint to the defendant. Under Fla. Stat. Ch. 48 this is done by the sheriff of the county where the defendant is found, or by a certified process server, not by posting it yourself. Proper service is required before the case can move forward, and defective service is a common reason cases stall.
5. After service
A defendant generally has 20 days from being served to respond (Fla. R. Civ. P. 1.140). If they do not, you may be able to seek a default. If they do, the case proceeds and the court may order mediation before any hearing. Small-claims cases follow a different track built around a pretrial conference.
6. Things worth knowing
- A filed complaint is a public record. It and its exhibits can be read by anyone. Consider that before including sensitive details.
- A company cannot file for itself. Under Florida law an LLC, corporation, partnership, or trust must be represented by a licensed attorney. The exception is small claims ($8,000 or less), where a principal of the business, or an employee authorized in writing, may represent it at the trial level, though not on appeal.
- Some claims can cost you money if they fail. Civil Theft and FDUTPA can shift the other side’s attorney’s fees onto you. See the elements page for the detail.
- Keep your evidence organized: the contract, emails and texts, invoices, payment records, photos, and anything attached to your complaint as an exhibit.
When to get a lawyer
If the case becomes complex, a deadline is close, the other side has counsel, or you are unsure about anything here. Our partner firm is zach@millenniallaw.com. Consulting them does not change what you have paid us.