A process server walks into your lobby. A sheriff’s deputy hands a stack of paper to your receptionist. An envelope arrives at your registered agent marked “SUMMONS.” However it lands on your desk, the message is the same: your business is being sued.
What you do in the next 20 days matters more than almost anything else that will happen in the case. Strong early decisions can shrink your exposure, position you to win quickly, and sometimes end the case before it really begins. Weak ones can lock in a default judgment, gift the plaintiff a tactical advantage, or push your insurance carrier to deny coverage.
This guide walks you through exactly what to do, in the order you should do it.
The Clock Starts the Moment You Are Served
In Florida state court, a defendant generally has 20 days from the date of service to respond to a complaint, as set by Florida Rule of Civil Procedure 1.140. In federal court, you typically have 21 days under Federal Rule of Civil Procedure 12.
Those windows include weekends and holidays. They do not pause because you are on vacation, your bookkeeper is out, or your insurance carrier has not made a coverage decision. Miss the deadline, and the plaintiff can ask the clerk to enter a default under Florida Rule of Civil Procedure 1.500, which strips you of the right to contest liability.
Bottom line: treat the day of service as Day 1 and back-plan from there.
Understand What You Were Actually Served With
Most lawsuits against Florida businesses begin with two documents:
- The Summons. A short, formal notice from the court telling you that you have been sued and how long you have to respond. The procedural rules for service in Florida state court are codified in Chapter 48 of the Florida Statutes and applied through Section 48.031.
- The Complaint. The plaintiff’s detailed description of what your business allegedly did wrong, the legal theories being asserted (breach of contract, negligent misrepresentation, professional negligence, and so on), and the relief being sought.
Read both documents carefully. Then read them again. Pay attention to:
- The court and case number.
- The date and method of service.
- Each cause of action (Count I, Count II, etc.).
- The amount or type of damages requested, including whether the plaintiff seeks attorneys’ fees or punitive damages.
- Any deadlines or hearings already scheduled.
If you only learned about the lawsuit because a customer mentioned it or it appeared in an online docket search, you may have a service problem. That is its own subject, and one we have written about in detail in “You’re Being Sued and Didn’t Know It.”
Step 1: Do Not Ignore It, and Do Not Try to Talk Your Way Out of It
The two most damaging instincts after being served are opposite extremes: pretend it is not happening, or call the plaintiff and try to fix it yourself.
Ignoring it invites a default. Once entered, a default can lead to wage garnishment, bank account levies, and liens against your business assets. Setting aside a default is possible but expensive, and it requires showing excusable neglect, a meritorious defense, and prompt action under Rule 1.500.
Calling the plaintiff can be just as bad. Anything you say can be used against you. Apologies, partial admissions, or attempts to “explain what really happened” become evidence. Plaintiffs’ attorneys are trained to keep you talking.
The right first move is internal. Notify the small group of people who need to know (typically the owner, general counsel or outside counsel, CFO, and risk manager) and begin protecting the business.
Step 2: Issue a Litigation Hold and Preserve Documents
The instant a lawsuit is reasonably foreseeable, your business has a legal duty to preserve evidence. That duty is enforced through sanctions for spoliation, and the easiest way to violate it is to let routine document destruction continue.
Before anything else, issue a litigation hold and suspend information destruction protocols. That means:
- Pausing automated email deletion and document retention rules.
- Notifying employees in writing not to delete or alter any potentially relevant materials.
- Preserving text messages, voicemails, project files, accounting records, and contracts.
- Locking down devices belonging to departing employees.
If you maintain professional liability insurance, your carrier will almost certainly require this step in your policy. Skipping it can produce a courtroom disaster long before trial.
Step 3: Notify Your Insurance Carrier
Most professional services firms carry some form of coverage that may apply: errors and omissions, professional liability insurance, employment practices liability, general liability, or cyber. Many of these are claims-made policies, meaning coverage depends on prompt notice.
Read the “Notice of Claim” section of every policy that might apply and provide written notice within the timeframes specified. Late notice is one of the most common reasons carriers deny coverage that would otherwise have been available.
If you have a complex matter (a class action, an alleged regulatory violation, or a professional liability matter), tender the claim to all carriers that might possibly cover it. Let your defense counsel sort out priority later.
Step 4: Engage Experienced Defense Counsel Immediately
You will not get a second chance to make a first impression on the court, the plaintiff, or your insurer. The lawyer who shows up first sets the tone.
Look for counsel that:
- Practices regularly in the relevant court (Florida state, federal, or specialty division).
- Has handled disputes in your industry, whether that is healthcare, financial services, real estate, technology, construction, or another professional vertical.
- Communicates in plain English about strategy and budget.
- Will run an early case assessment rather than billing reflexively for motions.
A seasoned business litigation team will move quickly to evaluate jurisdiction, venue, sufficiency of service, statute of limitations, and any procedural defects in the complaint. Often, those issues alone can win the case or force a favorable resolution before discovery begins.
Step 5: Choose How You Will Respond
You have three primary response options, and the right one depends on the strengths and weaknesses of the complaint.
Option A: File a Motion to Dismiss
A motion to dismiss argues that, even taking the plaintiff’s allegations as true, the case should not proceed. Common grounds under Rule 1.140 include:
- Lack of personal or subject matter jurisdiction.
- Improper venue.
- Insufficient process or service of process.
- Failure to state a cause of action.
- Failure to join an indispensable party.
A successful motion to dismiss can end class action exposure, narrow the case dramatically, or buy time to repair facts on the ground. A poorly chosen motion, on the other hand, simply gives the plaintiff a roadmap to amend.
Option B: File an Answer with Affirmative Defenses
An answer admits or denies each allegation paragraph by paragraph and asserts every applicable affirmative defense (statute of limitations, waiver, release, accord and satisfaction, comparative fault, failure to mitigate, and so on).
Failing to plead an affirmative defense in your answer can waive it. This is one of the most common preventable mistakes in defense practice.
Option C: File a Counterclaim or Third-Party Complaint
Sometimes the best defense is offense. If the plaintiff actually owes you money, breached its own obligations, or a third party is on the hook, you can bring counterclaims against the plaintiff or third-party claims against vendors, contractors, or co-defendants. Done right, this can shift settlement leverage immediately.
Step 6: Prepare for Discovery Before It Starts
Once the pleadings are settled, discovery begins. That phase typically includes interrogatories, requests for production of documents, depositions, and requests for admission, all governed by rules like Federal Rule 26 and the parallel Florida rules.
The work you did in Step 2 (your litigation hold) pays off here. So does early planning around:
- Who the most likely deponents will be.
- Which documents will need to be collected and reviewed.
- Whether expert witnesses will be necessary.
- Whether mediation should be requested early to control cost.
Florida courts, like most jurisdictions, encourage early case management and alternative dispute resolution. A defense team that has thought through the full lifecycle of the case can often steer it toward an early, favorable resolution.
Common Mistakes That Make Things Worse
In our experience defending Florida businesses, these errors show up over and over:
- Letting the response deadline slip while waiting on the insurer. Notice and defense are independent obligations.
- Talking to the plaintiff or opposing counsel without a lawyer. Statements made informally still count.
- Posting about the lawsuit on social media. Plaintiffs’ counsel love screenshots.
- Telling employees only what they want to hear. Inconsistent internal narratives create discoverable inconsistencies.
- Destroying or “cleaning up” files. Spoliation sanctions can be case-ending.
- Skipping the affirmative defenses analysis. Each defense is use-it-or-lose-it.
- Treating the lawsuit as purely a legal problem. Lawsuits affect operations, vendors, lenders, and reputation. Plan accordingly.
Why Professional Services Firms Face Unique Exposure
If you run an accounting practice, consultancy, IT services firm, marketing agency, brokerage, design firm, medical practice, or any other professional services business, you face a specific risk profile:
- High duty of care. Clients hire you for expertise, and the legal standard reflects that.
- Engagement-letter exposure. Limitation of liability, indemnity, and venue clauses often determine outcomes.
- License and reputational risk. A complaint can trigger regulatory inquiries and referral losses.
- Errors and omissions claims. These often blur into legal malpractice or professional malpractice defense.
For these firms, the speed and discipline of the early response are not just procedural. They directly affect whether the dispute becomes a footnote or a multi-year drag on the practice.
How Jimerson Birr Defends Florida Businesses
Our Lawsuit Defense team represents small to mid-sized businesses across Florida and Georgia in commercial disputes, employment claims, class actions, regulatory matters, and industry-specific litigation. We pair early case assessment with disciplined execution so that clients understand their exposure, options, and likely costs from week one.
We also serve as outside general counsel for small and growing businesses, which means we are often involved long before a complaint is ever filed. That continuity helps us defend faster and smarter when litigation does come.
What To Do Right Now
If your business has just been served, here is the short version:
- Calendar the response deadline today.
- Issue a litigation hold in writing.
- Notify every potentially applicable insurance carrier in writing.
- Stop talking to the plaintiff and stop posting about the matter.
- Engage experienced defense counsel.
- Choose between a motion to dismiss, answer, or counterclaim with that counsel.
Lawsuits are stressful, but they are also manageable when handled with discipline and the right team. To talk through a recently served complaint or build a defense plan, contact Jimerson Birr, and we will get to work.