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What are the steps I need to take to sue a company for breach of contract in Florida?

Picture of Chris Battis By   ·  1 minute read

To sue a company for breach of contract in Florida, you should follow the below steps:

  1. Review the contract: The first step is to review the contract that you signed with the company. You need to ensure that the other party did not fulfill its obligations as per the terms of the agreement.

  2. Attempt to resolve the issue: You should try to resolve the dispute with the company before filing a lawsuit. This can be done through mediation or negotiation with the company. You should attempt to communicate with the company in writing and provide it with a chance to cure the breach.

  3. Hire an attorney: If the company does not fulfill its obligation, you should consider hiring an experienced attorney to represent you. An attorney can help you to evaluate your case, provide you with options, and represent you in court.

  4. File a complaint: Once you have retained an attorney, he/she will draft a complaint detailing the claims and basis of the lawsuit. The lawsuit should be filed in the appropriate court in Florida, which is typically the county where the contract was signed or breached.

  5. Serve the defendant: After filing the complaint, the defendant must be served with notice of the lawsuit. This is typically done through a process server, who physically delivers the complaint to the defendant.

  6. Discovery: Discovery is the process of obtaining evidence from the other party before trial. The defendant will have an opportunity to respond to your complaint and may provide evidence to support its defense.

  7. Pretrial motions: At this stage, pretrial motions may be filed by either party to request that the court make a particular determination or to dismiss the lawsuit.

  8. Trial: If the case does not settle, then a trial will be scheduled. During the trial, both parties will present their evidence and arguments, and the jury or judge will make a determination on liability or damages.

In Florida, there is a four-year statute of limitations for breach of contract claims. This means that you have four years from the breach date to file a lawsuit. If you do not file within this time frame, you will likely lose your right to sue.

It is important to note that the process of suing a company can be time-consuming and expensive. You should discuss the potential costs with your attorney and consider alternative dispute resolution methods, such as mediation or arbitration, before filing a lawsuit.