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Ask Aaron! Your Questions on Florida Business Law Answered

What Should You Do If Your Business Is Served With a Lawsuit?

Posted by Aaron R. Resnick | Sep 23, 2025

Short Answer

If your business is served with a Florida lawsuit, record exactly when and how service occurred, save every page, and contact litigation counsel immediately. A defendant commonly must serve an answer within 20 days after service of original process and the initial pleading, although the summons, court, case type, and method of service must be checked. Notify any insurer that may provide a defense, issue a document hold, and stop informal contact with the plaintiff. Do not assume a settlement conversation, extension request, or internal investigation pauses the deadline.

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almost 30 years representing business owners in high-stakes disputes.
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When This Becomes Urgent

  • The summons gives a response date that is already close or has passed.
  • The complaint seeks an injunction, receivership, eviction, foreclosure, or other expedited relief.
  • The allegations involve insurance, a lender, a government agency, major customer, or public filing.

What Usually Goes Wrong

  • Sending the complaint around by casual email without preserving privilege or controlling the response team.
  • Calling the plaintiff directly to explain the situation before defenses are assessed.
  • Assuming the insurer, registered agent, or another lawyer is handling the deadline without confirmation.

Why Miami Experience Matters

A Miami commercial lawsuit begins moving immediately. Local counsel must understand the Miami Dade court, the assigned division, the judge's procedures, the new Florida case management rules, and the business context behind the pleading. Experience in these courts helps turn a stack of allegations into a response plan that protects the company, identifies leverage, and avoids procedural mistakes in the first days of the case.

Local proof: Miami Beach Bar Association leadership

What to Have Ready

  • The summons, complaint, exhibits, and service envelope or process receipt.
  • The exact date, time, location, and person served.
  • Contracts, communications, and records tied to the allegations.
  • Insurance policies, notices, indemnity agreements, and prior demands.
  • A list of key employees, witnesses, custodians, and upcoming business deadlines.

What Typically Happens Next

Counsel confirms the deadline, court, parties, service, and immediate risk. The firm then coordinates insurance notice, preservation, conflicts, and an early merits review. The response may be an answer, a permitted motion, a request for more time, or an emergency opposition. At the same time, counsel evaluates removal, venue, counterclaims, indemnity, early settlement, and the operational steps needed to keep the lawsuit from disrupting the business.

Related Questions and Reading

Disclaimer

This is general information, not legal advice. Viewing this page or contacting the firm does not create an attorney-client relationship. Deadlines can be short. If your matter is time sensitive, call the office at 305-672-7495.

About the Author

Aaron R. Resnick
Aaron R. Resnick

Aaron Resnick, a graduate of Leadership Miami, is a leader in the Miami's legal and cultural arts...

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