How a Lawsuit Works in Florida

A civil lawsuit in Florida follows a predictable sequence: complaint, answer, discovery, mediation, trial, judgment, and collection. The entire process can take 9 months to 3 years before a creditor obtains a judgment, and collection itself can continue for up to 20 years.

Understanding where you are in this timeline determines what options remain available. Asset protection planning is most effective before the complaint is filed, but options exist at every stage through final collection.

The Complaint

A civil lawsuit begins when the plaintiff files a complaint with the clerk of court. The complaint identifies the parties, states the factual allegations, and specifies the damages or relief the plaintiff seeks. Filing generates a case number and creates the official court record.

The plaintiff must then serve the complaint and a summons on the defendant through formal service of process. In Florida, service must be completed by a process server, sheriff, or other authorized person. The summons notifies the defendant that a lawsuit has been filed and states the deadline to respond.

Improper service is grounds for dismissal. If the complaint was not personally delivered to the defendant or to someone at least 15 years old who resides with the defendant, the service may be defective.

The Answer

The defendant has 20 calendar days after service to file an answer with the court. The answer responds to each allegation in the complaint by admitting, denying, or stating that the defendant lacks sufficient knowledge to respond. Any allegation not specifically addressed is treated as admitted.

The answer may also raise affirmative defenses and counterclaims. Alternatively, the defendant can file a motion to dismiss arguing that the complaint fails to state a valid legal claim, that the court lacks jurisdiction, or that venue is improper.

Failing to file any response within the 20-day window allows the plaintiff to seek a default judgment. A default admits all allegations in the complaint and can result in a judgment entered without trial. Default judgments can sometimes be set aside, but the process is expensive and uncertain.

Discovery

After the initial pleadings, the case enters discovery. Both sides exchange evidence through four primary tools: interrogatories (written questions answered under oath), requests for production (document demands), requests for admission (statements the other side must admit or deny), and depositions (sworn testimony taken outside court).

Discovery is where the financial picture becomes visible. A plaintiff pursuing a money judgment will use discovery to identify the defendant’s assets, income, bank accounts, real property, and business interests. The defendant must answer truthfully. Lying under oath during discovery carries penalties for perjury and contempt.

Discovery typically lasts several months. Complex commercial litigation can extend discovery for a year or more.

Mediation

Florida courts require mediation in most civil cases before trial. Mediation is a structured negotiation session with a neutral mediator who helps the parties explore settlement. Neither side is required to agree to anything.

Many civil cases settle at mediation. The settlement amount often reflects both the strength of the plaintiff’s case and the defendant’s ability to pay. A defendant with strong exemptions and limited non-exempt assets may settle for significantly less than the full claim because the plaintiff recognizes that collection will be difficult even with a judgment.

Trial and Judgment

If the case does not settle, it proceeds to trial before a judge or jury. The plaintiff presents evidence first, followed by the defendant. The standard of proof in most civil cases is preponderance of the evidence—the plaintiff must show that the claim is more likely true than not.

After trial, the court enters a judgment stating whether the defendant is liable and, if so, the amount of damages. The judgment may include economic damages (quantifiable financial losses), non-economic damages (pain and suffering, emotional distress), and in some cases punitive damages.

Either party can appeal within 30 days. An appeal addresses legal errors made during the trial, not factual disputes. The judgment is enforceable during the appeal unless the defendant posts a supersedeas bond.

Post-Judgment: What Happens Next

A Florida judgment is enforceable for 20 years and accrues post-judgment interest on the unpaid balance. The judgment does not collect itself. The creditor must use specific legal tools to locate and seize assets.

Recording the Judgment

The creditor records the judgment in any Florida county where the debtor owns real property, creating a judgment lien. The lien attaches to all non-homestead real property the debtor owns in that county. Judgment liens can be renewed to extend their reach.

Proceedings Supplementary

Proceedings supplementary are the creditor’s primary post-judgment investigative tool. The creditor can subpoena the debtor to appear under oath and answer questions about assets, income, property, and transfers. The debtor must bring financial documents including tax returns, bank statements, and property records. Failing to appear can result in a contempt finding.

Garnishment

The creditor can obtain a writ of garnishment directing a third party—typically a bank or employer—to freeze and turn over the debtor’s assets. Wage garnishment takes up to 25% of disposable earnings under federal limits, though the head of household exemption may protect wages entirely. Bank account garnishment freezes the full balance. The debtor has 20 days to file a claim of exemption.

Execution and Levy

Execution and levy allow the creditor to direct the sheriff to seize and sell non-exempt personal property at public auction. The proceeds, after the sheriff’s fees, are applied to the judgment balance.

Asset Protection at Each Stage

The timeline of a lawsuit determines which asset protection tools remain available and how much scrutiny any transfer will receive.

Before the complaint. Pre-claim planning faces the least scrutiny. Transfers made when no claim exists are not fraudulent transfers because there is no creditor to defraud. Establishing protective structures, titling assets as tenants by the entireties, and funding exempt accounts are all available.

After the complaint, before judgment. Options narrow. Transfers after a lawsuit is filed face heightened scrutiny under the badges of fraud analysis. Converting non-exempt assets into exempt form (purchasing a homestead, funding an annuity) remains legally permissible in Florida but the timing creates risk. Offshore trusts can still be established, though the Jones clause becomes relevant for managing the existing creditor’s claim.

After judgment. Post-judgment planning is constrained but not impossible. Florida exemptions apply regardless of when they are claimed. The homestead exemption protects an existing primary residence even after a judgment is entered. Asserting the head of household exemption, filing claims of exemption on garnished accounts, and challenging procedural defects in collection remain available. Settling the judgment for less than the full amount is common when the creditor recognizes that exempt assets are unreachable.

Florida’s judgment collection laws give creditors powerful tools, but every tool has procedural requirements, deadlines, and exemptions that limit its reach. A debtor who understands the process and acts within the legal framework can protect significantly more than one who does not respond at all.