A process server or a sheriff’s deputy shows up at your office and hands an employee a stack of papers. Once that happens, your business is officially a defendant in a Florida lawsuit, and a deadline is already running whether anyone in the office realizes it yet or not. Here is what that moment actually means and what to do in the days right after it.
This article is general information, not legal advice. Please speak with an attorney about your specific situation as soon as you are served.
How Businesses Get Served in Florida
A corporation or LLC is typically served through its registered agent, the person or company designated to accept legal papers on the business’s behalf. If the registered agent cannot be reached, Florida law allows service on certain officers, on a general manager, or in some circumstances on an employee at the business’s principal place of business. Service is usually carried out by a sheriff or a certified private process server, and it must be documented and filed with the court before the case can move forward against your business.
The 20-Day Clock, and How Florida Actually Counts It
Under Florida Rule of Civil Procedure 1.140, your business has 20 days to file a response, either an answer, admitting or denying each allegation and raising any defenses you have, or a motion, such as a motion to dismiss if there is a legal problem with the complaint itself.
Florida has a specific rule for how those 20 days are counted, and it is not simply the date of service plus 20 on a calendar. Under Florida Rule of General Practice and Judicial Administration 2.514, the day you were actually served does not count toward the deadline. The period begins running the next calendar day, and every day after that counts toward the 20, including weekends and holidays. If day 20 happens to land on a Saturday, Sunday, or legal holiday, the deadline moves forward to the next day that is not one of those. This calculation trips people up often enough that it is worth saying plainly: do not count the date yourself and assume it is correct. Have an attorney confirm the exact deadline as soon as you are served, since even a single miscounted day can mean the difference between a timely response and a default.
What Happens if You Do Nothing
Ignoring a lawsuit does not make it go away. If your business does not respond in time, the plaintiff can ask the court to enter a default under Rule 1.500. Once that happens, every well-pleaded allegation in the complaint is treated as if your business admitted it, and a final judgment can follow, sometimes for the full amount claimed, without your side of the story ever being heard. From there, the plaintiff can pursue collection through wage garnishment, bank account levies, or liens on business assets. A default can sometimes be undone, but only by showing the court a good reason for missing the deadline, a real defense to the claim, and that you acted quickly once you realized the mistake, which is a far harder position than simply responding on time.
Check Your Insurance Before You Do Anything Else
Many claims against a business are covered, in whole or in part, by a general liability policy, a professional liability or errors and omissions policy, or a directors and officers policy. Many of these policies require the insurer to provide a defense, sometimes at no cost to you, but only if you notify the carrier promptly after being served. Waiting can give an insurer grounds to deny coverage for late notice, so this step should happen the same day you are served, alongside calling an attorney, not after.
What to Have Ready When You Call an Attorney
Having a few things ready before your first call saves valuable time inside that 20-day window. Useful items include the complaint and summons itself with the date you were served, the county where the case was filed, the case number, and the names of the parties, any contract or agreement referenced in the lawsuit, relevant emails, texts, or invoices, and the name of your insurance carrier and policy number if the claim might be covered. Giving the attorney the county, case number, or party names right away lets them look up the case in the court’s docket and check its current status before you ever set foot in the office.
Just as important, always tell the law firm up front, when you first call, exactly how many days you have left to respond. A lawsuit deadline is not something to mention in passing partway through the conversation. Saying it clearly at the start lets the office understand the time constraint immediately and get you scheduled right away, rather than at the next routine opening.
Why Acting Quickly Matters More Than Ever
Florida’s civil procedure rules changed significantly effective January 1, 2025. Courts now assign every case to a management track and issue a case management order early on, and each side must generally exchange initial discovery disclosures within 60 days after the complaint is served. That means the pressure to get organized starts almost immediately after your response is filed, not months later. Getting an attorney involved within days of being served, rather than waiting until closer to the deadline, gives your business the best chance to respond correctly the first time and stay ahead of what comes next.
Frequently Asked Questions
Does the day I was served count as day one?
No. Under Florida’s rule for computing time, the day of service is not counted. The 20-day period starts the next calendar day, counts every day including weekends and holidays, and rolls forward to the next business day if day 20 lands on a weekend or holiday. Have an attorney confirm your exact deadline rather than counting it yourself.
An employee accepted the papers, not me. Does that still count as service?
Often, yes. Depending on who accepted the documents and their role at the business, service on that person may be valid under Florida law. Do not assume it does not count. Have an attorney review exactly how and on whom service was made.
What if I already missed the 20-day deadline?
Contact an attorney immediately and tell them how much time has passed. If a default has not yet been entered, there may still be time to respond. If one has already been entered, it may be possible to have it set aside, but that becomes harder the longer you wait.
Can I just call the person suing my business and work it out myself?
You can, but anything you say or put in writing can potentially be used in the case, and the 20-day clock keeps running regardless of any conversation you have. Loop in an attorney before you communicate directly with the other side or their counsel.
Talk to Us Before You Talk to Anyone Else
Your consultation is confidential. Call (239) 933-9404 or book a consultation, and let us know right away how many days you have left to respond so we can get you scheduled immediately. Se habla español. Learn more on our Civil & Business Litigation page.
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