No business owner wants to receive legal papers. But if you run a company long enough, there is a chance someone will file a claim against it, whether over a contract, an unpaid bill or an accident. How you respond in the first few days can make a real difference.
This article explains what it means to be served, why your registered agent matters and what practical steps to take right away. It is general information, not legal advice. If your business is sued, speak with a licensed Florida attorney as soon as possible.
What “service of process” means
When someone files a lawsuit, they must formally notify the person or company being sued. This formal delivery of court papers is called service of process. The papers usually include a summons, which tells you that you are being sued and how long you have to respond, and a complaint, which describes the claims against you.
Service is what starts the clock. Courts set strict deadlines for responding, and the summons will state the time limit. Missing that deadline can allow the other side to ask the court for a default, which may lead to a judgment against your business without your side ever being heard.
Why your registered agent is so important
Every Florida LLC and corporation must keep a registered agent with a Florida street address, not a P.O. box. The registered agent’s job is to be available during business hours to accept service of process and official notices on behalf of the company. Florida law requires a registered agent to be available at least from 10 a.m. to 12 noon and from 2 to 4 p.m. on business days.
If your registered agent information is out of date, or no one is available at the listed address, your business could miss important papers entirely. You might not learn about a lawsuit until a judgment has already been entered. That is why keeping your registered agent current on your Sunbiz record is not just paperwork; it protects your ability to respond.
Some owners act as their own registered agent. That can work, but it means being at that address during required hours and having legal papers delivered where customers and employees may see them. Our registered agent service is $250 per year plus a $100 one-time setup fee, and our office is staffed Monday through Friday, 8 a.m. to 6 p.m.
The first steps after you are served
If your business receives a summons and complaint, stay calm and get organized. These steps help you avoid preventable mistakes:
- Note the date and how you were served. Write down when the papers arrived and who delivered them. This matters for calculating your deadline.
- Read everything carefully. Identify the court, the case number, who is suing you and what they are claiming.
- Find your deadline. The summons states how long you have to respond. Put it on your calendar with reminders.
- Contact a licensed attorney promptly. A lawyer can explain your options, your deadline and how your business should respond. Do not wait until the last few days.
- Notify your insurance carrier. Some claims may be covered by a business insurance policy, and carriers often require prompt notice.
- Preserve records. Keep contracts, emails, invoices, texts and other documents related to the dispute. Do not delete anything.
What not to do
Some reactions feel natural but can make things worse:
- Do not ignore the papers. Hoping the case will go away is the fastest route to a default.
- Do not contact the other side in anger. Anything you say or write may be used in the case. Let your attorney handle communications when possible.
- Do not post about the lawsuit online. Public comments can create new problems.
- Do not assume the claim is invalid. Even a claim you believe is baseless needs a timely, proper response.
Staying organized through the case
Lawsuits generate a lot of paperwork. Keep a single folder, physical or digital, with every document you receive and send, organized by date. Track deadlines in one calendar. Being able to locate your docket, filings and exhibits quickly saves time and attorney fees.
Our civil document preparation division, eBurst Advocate, can help with the administrative side, such as formatting documents to court rules, organizing exhibits, helping you locate your docket and e-filing documents you have signed. Please note: eBurst Advocate’s team are not attorneys and cannot give legal advice, choose forms or strategy, or represent anyone in court. This article is general information, not legal advice.
Prevention starts with good records
You cannot prevent every claim, but you can make sure you hear about one right away. Keep your registered agent and business address current, file your annual report on time and maintain clear written contracts with customers and vendors.
If you want to review your company’s records or set up a reliable registered agent, book a free consultation or call (772) 356-3550. We will help make sure your business is ready to receive important notices when it counts.
