Litigation in Florida: Civil Disputes, Collections and Association Claims
Civil litigation in Florida runs on short deadlines and fee-shifting rules, and the choices that matter come before the first hearing: which court, whether a pre-suit step is required, and how a judgment will eventually be collected. We represent individuals, owners and businesses from the first demand through trial.
Jacob M. Stern, admitted to The Florida Bar, handles Florida civil and commercial litigation. Jake Blanchard, whose earlier practice included debtor-side collection and foreclosure matters, is admitted in all Florida courts.
How civil cases move in Florida courts
County court hears civil claims up to $50,000, circuit court hears the rest, and disputes inside homeowners' associations may be filed in either (s. 34.01). Our Clearwater office sits in the Sixth Judicial Circuit, with appeals to the Second District Court of Appeal (ss. 26.021, 35.03). Initial disclosures are due within 60 days after the complaint is served.
Some disputes need a step before suit. Before filing a dispute with a homeowners' association over covenant enforcement, use of the parcel or common areas, board meetings or records access, you must serve a demand for presuit mediation, which tolls the statute of limitations; assessment collection is excluded (s. 720.311). Against a government, the Bert Harris Act requires a written claim with an appraisal at least 90 days before suit, presented within 1 year after the law was first applied to your property (s. 70.001).
Winning is half the job; collecting is the other half. A judgment becomes a lien on real property in a county only when a certified copy is recorded there with the creditor's address, and the lien lasts 10 years unless extended by re-recording (s. 55.10). Proceedings supplementary reach a debtor's non-exempt property held by others (s. 56.29). Debtors have protections too: a head of family's disposable earnings are exempt from garnishment (s. 222.11).
Contract and Commercial Claims
Breach, enforcement and damages claims for individuals and businesses, on either side of the dispute.
Collections and Judgment Enforcement
Recording and extending judgment liens, proceedings supplementary, and the notice of homestead under s. 222.01 when a debtor claims exemption.
Real Property Litigation
Quiet title actions (s. 65.061) and lis pendens practice, where an action not based on a recorded instrument affects title only if a notice is recorded (s. 48.23).
Association and Land-Use Disputes
Presuit mediation and suit against homeowners' associations, and Bert Harris Act claims against governments.
Can I recover in Florida if I was partly at fault?
Yes, if you were 50 percent at fault or less. A plaintiff found more than 50 percent at fault for his or her own harm recovers nothing in a negligence action, and each defendant pays only its own percentage of fault (s. 768.81(3), (6)). The claim must be filed within 2 years (s. 95.11).
Do I have to mediate a homeowners' association dispute before suing?
For covenant enforcement, use of the parcel or common areas, board and membership meetings, amendments and records access, yes: a demand for presuit mediation must be served first. Disputes over collecting assessments, fines or other money are excluded (s. 720.311).
How long does a Florida judgment last?
A suit on the judgment may be brought within 20 years (s. 95.11). The lien on real property lasts 10 years from recording and can be extended by re-recording a certified copy with an affidavit giving the creditor's current address (s. 55.10).
Can my wages be garnished in Florida?
A head of family, meaning someone who provides more than half the support of a child or other dependent, has all disposable earnings of $750 a week or less exempt, and higher earnings too unless a separate written waiver was signed. Others are limited by the federal garnishment cap (s. 222.11).
Facing a litigation matter in Florida?
The first consultation is confidential, and we respond within one business day. Tell us what happened and which dates are running.