Starting Your First Civil Case
How to begin a civil action — choosing the right court and venue, drafting and filing your complaint, paying or waiving fees, and serving the other side correctly.
What this guide covers
- What it means to start a case
- The six stages of filing suit
- Which court: circuit, county, small claims
- Personal jurisdiction & venue
- The statute of limitations
- Anatomy of a complaint
- Counts, elements & the demand
- Sample: Complaint
- The civil cover sheet
- Filing fees — and waivers
- Filing & the summons
- Serving the defendant
- Hard-to-serve defendants
- The response & default
- Mediation
- Checklist & free legal research
Start Here
Starting a lawsuit is a sequence of decisions — get the early ones right
A civil case begins when you file a complaint and serve the defendant. But before you file, you make choices that can decide whether the case survives at all.
You must pick the right court, file before the deadline runs, draft a complaint that actually states a claim, pay (or waive) the filing fee, and serve the defendant the way the law requires. A misstep at any of these steps can get your case dismissed — sometimes permanently.
Every claim has a statute of limitations. Florida’s 2023 tort-reform law (HB 837) shortened the deadline for most negligence claims from four years to two.12 If you are near a deadline, that is your most urgent issue — see Stage 1.
What “starting” actually involves
Filing the complaint opens the case and stops the limitations clock. But the defendant is not legally in the case until they are properly served — and you generally have 120 days from filing to accomplish that.25 This guide walks both halves: getting the complaint right, and getting it into the defendant’s hands the right way.
If your dispute is small and straightforward, ask whether small claims (claims of $8,000 or less) is the better path — its rules are simpler and designed for people without lawyers.4
The Road Ahead
Starting a case follows a repeatable, six-stage path
This guide walks each stage in order. The progress bar at the top of each stage shows where you are.
1 · Pick the court
Choose the court with power over the subject, the defendant, and the right location — circuit, county, or small claims — and confirm you are inside the deadline.
2 · Draft the complaint
Write a short, plain statement of your claim: the parties, the basis for jurisdiction and venue, the facts, your legal counts, and what you want.
3 · Pay or waive fees
Pay the filing fee — or, if you cannot afford it, apply to the clerk for a determination of civil indigent status.
4 · File
File the complaint, civil cover sheet, and summons through the e-filing portal; the clerk issues the summons.
5 · Serve the defendant
Have the summons and complaint delivered to the defendant the way Chapter 48 requires — within 120 days — and file proof of service.
6 · Next steps
The defendant has 20 days to respond; if they do not, you may seek a default. Many courts will also order the case to mediation.
The most common early dismissals come from filing in the wrong court, missing the statute of limitations, or defective service. This guide flags each one as you reach it.
Stage 1 · Pick the Court
Which court has power over the subject: circuit, county, or small claims
Florida trial courts are split by the amount in controversy and the type of case. Filing in the wrong one wastes time and money.
Small claims — $8,000 or less
Governed by the simplified Florida Small Claims Rules, designed for self-represented parties. The dollar limit excludes costs, interest, and attorney’s fees.4
County court — up to $50,000
Handles most everyday disputes — contracts, consumer matters, landlord–tenant — where the amount in controversy does not exceed $50,000.2
Circuit court — over $50,000 & special matters
Handles larger money claims and categories assigned by law — including equity, foreclosures, probate, family, and injunctions.1
The amount in controversy is what you claim in good faith, not what you might recover. If your claim genuinely exceeds a threshold, file in the higher court — suing for less just to stay in a lower court can forfeit the rest of your claim.
Equitable claims (asking the court to order someone to do or stop something), foreclosures, and certain other matters go to circuit court even when little or no money is at stake. Check the subject, not just the dollars.
Stage 1 · Pick the Court
Power over the defendant (jurisdiction) and the right county (venue)
Beyond the type of court, two more questions decide where you can sue: does Florida have personal jurisdiction over this defendant, and which county is the proper venue?
Personal jurisdiction & the long-arm statute
A Florida court has personal jurisdiction over an out-of-state defendant only if Florida’s long-arm statute reaches the defendant’s conduct and the defendant has sufficient minimum contacts with Florida.5 Florida applies a two-step Venetian Salami analysis: first the statute, then federal due-process contacts.6 Even a single act — like committing a tort in Florida or breaching a contract to be performed here — can suffice.7
Venue — the right county
For most actions, venue is proper where the defendant resides, where the cause of action accrued, or where the property in dispute is located.8 Actions against corporations have their own venue rule,9 and a court may transfer a case for the convenience of the parties and witnesses.10
If your dispute arises from a contract, read it for a forum-selection or venue clause — Florida courts generally enforce them, and one can require you to sue in a particular county or even another state.
Stage 1 · Pick the Court
The statute of limitations: the deadline that can end a case before it starts
Every claim has a filing deadline. Miss it, and the defendant can have your case dismissed no matter how strong it is.
Florida sets limitations periods by claim type.11 Common periods include five years for written contracts and four years for many other actions — but the 2023 tort-reform law (HB 837) shortened most negligence claims to two years.12 The clock generally starts when the cause of action accrues.
These are general examples only; your specific claim may differ. Always confirm the exact period for your claim before relying on it.
A separate statute of repose can bar some claims after a fixed number of years no matter when the harm is discovered,13 while certain circumstances can toll (pause) the clock.14 These are technical — if timing is close, treat it as urgent and get advice.
Stage 2 · Draft the Complaint
Anatomy of a complaint, part one
The complaint is the document that starts your case. Florida requires only a “short and plain statement” — but it must contain specific building blocks.15
Caption
The court, county, case style, and a space for the case number the clerk assigns. The title names the document, e.g., “Complaint.”18
Parties
Identify the plaintiff(s) and defendant(s) by full legal name, and state each party’s residency or status (individual, corporation, LLC) — this supports jurisdiction and service.
Jurisdiction & venue
A short paragraph stating why this court has subject-matter and personal jurisdiction (often the amount in controversy and the defendant’s Florida contacts) and why venue is proper here.
General allegations
Numbered paragraphs telling the story in ultimate facts — what happened, when, and who did what — not evidence and not legal argument.
Florida pleadings are written in numbered paragraphs, each “limited as far as practicable to a statement of a single set of circumstances.” Short, numbered paragraphs make it easy for the defendant to admit or deny — and easy for the judge to follow.
Stage 2 · Draft the Complaint
Anatomy of a complaint, part two: counts & the demand
Counts
Each legal claim is its own numbered count (e.g., Count I — Breach of Contract). A count re-alleges the relevant facts, then states the elements of that claim and alleges facts meeting each one.
Demand for judgment
A “wherefore” clause stating the relief you want — damages, an injunction, a declaration — and, where required, that the amount is within the court’s jurisdiction.16
Signature
Your signature block. A self-represented party signs and gives an address, e-mail, and phone. Some complaints (and all those seeking certain relief) must be verified — sworn to under oath.
Exhibits
Documents your claim is based on — the contract, the promissory note — are attached and become part of the complaint.17
Before writing a count, list the legal elements of that claim, then make sure a numbered paragraph alleges facts for each one. A complaint that skips an element is the classic target of a motion to dismiss for failure to state a cause of action.
When a claim is founded on a written instrument, the rule requires you to attach a copy. Where an attached document contradicts a vague allegation, the document controls — so make sure your exhibits actually support what you plead.
Stage 2 · Template
Sample: Complaint
A simple two-count complaint. Replace each highlighted field, add a count for each legal claim, and attach any contract or document your claim relies on.
Plaintiff,
v.
DEFENDANT NAME,
Defendant.
Plaintiff NAME sues Defendant NAME and alleges:
WHEREFORE, Plaintiff demands judgment against Defendant for [damages, interest, and costs], and such further relief as the Court deems just.
Stage 2 · Draft the Complaint
The civil cover sheet
Almost every new civil case must be filed with a civil cover sheet — a standardized form that tells the clerk how to classify and route your case.
Florida Rule of Civil Procedure Form 1.997 is the civil cover sheet.19 It asks for the case type (contract, negligence, real property, and so on), the amount of the claim, and whether the case is related to any other. The clerk uses it to assign the case to the correct division and docket; it is not evidence and does not become part of your pleadings.
Get the cover sheet from your clerk’s website or the Florida Courts forms page so you have the current version. Many clerks’ e-filing systems generate it for you as part of the filing process — and for a self-represented party, the clerk completes it from the information you provide if needed.
The case type you select should be consistent with the court you chose in Stage 1. A mismatch — for example, marking a $9,000 claim as a circuit-court matter — can cause routing delays or a transfer.
Stage 3 · Pay or Waive Fees
Filing fees — what it costs to open a case
Opening a civil case requires a filing fee set by statute. The amount depends on the court and the size of the claim.
Circuit-court filing fees are set by section 28.241,20 and county-court fees by section 34.041,21 with county-court amounts tiered by the size of the claim (small claims, mid-range, and up to the $50,000 limit). The clerk collects the fee when you file; you pay through the e-filing portal’s payment system.
What the fee does and doesn’t cover
The filing fee opens the case and includes issuance of the summons. It does not cover the cost of service — the sheriff’s fee or a private process server’s charge — which you pay separately (Stage 5).
Plan for two costs at the start: the filing fee, and the service fee. If paying the filing fee is itself a hardship, the next page explains how to ask the court to waive it.
Stage 3 · Pay or Waive Fees
Can’t afford the fee? Apply for civil indigent status
Florida law lets people who cannot afford court costs ask to have them deferred or waived, so that filing fees are not a barrier to the courthouse.
You apply to the clerk of court for a determination of civil indigent status using the statutory application.22 The clerk — not the judge — makes the initial determination based on your household income, assets, and dependents against the statutory thresholds.23 If the clerk finds you indigent, your filing fees and certain service costs are deferred or waived.
If the clerk denies the application
A denial is not the end — you may ask a judge to review the clerk’s decision. The application itself explains the income standards and what to submit.
The indigency application is signed under oath and asks for detailed financial information. Fill it out honestly and completely; an incomplete application is the most common reason for delay, and a false one can have serious consequences.
Stage 3 · Template
Sample: Application for Civil Indigent Status
Use the clerk’s official current form; this shows the kind of information it asks for. The clerk reviews it against the statutory income standards.
(Filed with the Clerk of Court under section 57.082, Florida Statutes. The clerk determines eligibility.)
Stage 4 · File
Filing the case — and getting the summons issued
You file electronically through the Florida Courts E-Filing Portal. Three documents usually go in together: the complaint, the civil cover sheet, and a summons for each defendant.
File through the portal at myflcourtaccess.com, which most filers must use for electronic filing.40 Upload the complaint and civil cover sheet, pay the fee (or attach your indigency application), and submit a proposed summons for each defendant. The clerk issues the summons — signing and sealing it — which is what gives it legal force.24
What you get back
Once accepted, the clerk assigns a case number and returns the issued summons. You then arrange for the summons and a copy of the complaint to be served on the defendant (Stage 5).
You cannot serve a summons you printed yourself — it must be issued (signed and sealed) by the clerk. Serving an un-issued summons is invalid and can force you to start service over.
Stage 4 · Template
Sample: Summons
You prepare the summons; the clerk issues it. It tells the defendant they have 20 days to respond and that a default may follow if they do not.
THE STATE OF FLORIDA — To Defendant NAME and ADDRESS:
Stage 5 · Serve the Defendant
Service of process: the rules you cannot skip
Service is how the defendant is officially notified and brought under the court’s power. Florida’s Chapter 48 controls exactly how it must be done.
Who may serve
You may not serve the papers yourself. Service is made by the sheriff of the county where the defendant is found, or by a certified process server appointed or listed for that circuit.32 The server delivers the summons and a copy of the complaint and then files a return of service documenting how, when, and on whom it was served.31
The 120-day deadline
You generally must complete service within 120 days after filing the complaint; if you do not, and cannot show good cause or excusable neglect, the court may dismiss the case as to the unserved defendant.25
Hand the issued summons and complaint to the sheriff or a process server as soon as you receive them. Service can take time — especially if the defendant is hard to find — and the 120-day clock is already running.
Stage 5 · Serve the Defendant
Serving individuals versus businesses
How service is accomplished depends on who the defendant is. Get the method right for the type of defendant.
An individual
Deliver a copy to the person, or leave it at their usual place of abode with a person residing there who is 15 or older and inform that person of its contents — substitute service.26
A corporation
Serve a registered agent, or specified officers or employees in the order the statute prescribes.28
A limited liability company
Serve the LLC’s registered agent; the statute provides the order of alternatives if the agent cannot be served.27
For a Florida business, look up the registered agent and address for free on the Division of Corporations site (Sunbiz). Serving the correct registered agent is the cleanest way to perfect service on a company.
Service statutes are strictly construed. Leaving papers with the wrong person, at the wrong address, or omitting the required notice can void the service — and a default obtained on defective service can be set aside.
Stage 5 · Serve the Defendant
When the defendant is hard to serve
Some defendants cannot be found or are out of state. Florida provides alternative methods — but each has strict prerequisites.
Nonresidents doing business in Florida
A nonresident (or a resident who later leaves) who operates a business or commits certain acts in Florida can be served through substituted service on the Secretary of State, provided you also give the defendant the required notice and meet the statute’s conditions.29 Specific statutes govern nonresidents engaged in business here.30
Diligent search
Before a court will allow many forms of substituted or constructive service, you must show a diligent search and inquiry to locate the defendant. Document every step — addresses checked, databases searched, people contacted.
Substituted service on the Secretary of State and constructive service by publication have exact, unforgiving requirements. If you must use them, read the governing statute closely — or get advice — because a defect here is a common ground for setting aside the whole case.
Stage 5 · Serve the Defendant
Serving a defendant abroad
If your defendant is in another country, service is governed by international rules — slower and more technical than domestic service, but well-defined.
The Hague Service Convention
When the defendant is located in a country that is a party to the Hague Service Convention, service generally must follow it — most often by transmitting the documents to that country’s designated Central Authority, which serves them and returns a certificate.44 Many countries require a translation into the local language. You must still satisfy Florida’s long-arm statute for the court to have jurisdiction.5
Service outside the state generally
Florida also authorizes service outside the state, which may be made in the same manner as service within Florida by a person authorized to serve process where the defendant is found.43 For countries not party to the Hague Convention, service may proceed by letters rogatory or other means the law and that country permit.
Service through a foreign Central Authority can take many months. The 120-day domestic deadline may be enlarged for good cause when foreign service is required, but do not assume it — start immediately, keep proof of every step, and consider getting help, as a defect here can unravel the entire case.
Each Hague country files declarations on translation, accepted methods, and whether it objects to service by mail. Check the current requirements for the specific country before you transmit, so the Central Authority does not reject your request.
Stage 5 · Serve the Defendant
Proving service: the return
Service is not complete in the court’s eyes until proof is on file. The return of service is that proof — and it must be filed.
After serving the defendant, the sheriff or process server completes and files a return of service stating the date, time, manner, and place of service and the identity of the person served.31 Review it carefully as soon as it is filed: the return is the foundation for everything that follows, including a default if the defendant does not respond.
What to check on the return
- The defendant’s name exactly matches the complaint and summons.
- The date of service is within 120 days of filing.
- The manner of service matches the defendant’s type (individual, corporation, LLC).
- For substitute service, the person served and the required notice are documented.
- The server is a sheriff or a properly appointed/certified process server.
Keep a copy of the filed return with your case file. If the defendant later challenges service, the return is your first line of proof that you did it correctly.
Stage 6 · Next Steps
The defendant’s response — and default if there is none
Once served, the defendant is on the clock. What happens next depends on whether they respond.
A defendant generally has 20 days after service to serve a response — an answer or a motion directed at the complaint.33 If the defendant files nothing within that time, you may ask the clerk or the court for a default, and then a default judgment for the relief your complaint supports.34
If the defendant does respond
The defendant may file an answer (admitting or denying each paragraph and raising affirmative defenses) or a motion to dismiss attacking the complaint. If a motion to dismiss is filed, the case moves into motion practice — covered in OLSI’s Motion Practice guide — and the case proceeds into discovery, covered in the Discovery guide.
You must request a default; the court does not enter one on its own. And a default entered where service was defective, or where the defendant had filed something, can be set aside — so confirm both the return of service and the docket before you move.
Stage 6 · Next Steps
Mediation: most civil cases are sent to settle
Florida courts rely heavily on mediation, and many will order your case to mediation before trial. It is a confidential, structured negotiation — not a hearing.
Courts may refer civil cases to mediation,37 which proceeds under the Rules of Civil Procedure governing mediation.35 A neutral mediator helps the parties try to reach their own agreement; the mediator does not decide the case. Florida’s court-ordered mediation rules set who attends, how it is scheduled, and what happens if a party fails to appear.36
Confidentiality
What is said in mediation is confidential by statute, with limited exceptions, so parties can speak candidly without those statements being used against them later.38 If you settle, the agreement is typically reduced to writing and signed; if you do not, the case proceeds.
Bring your key documents, know your bottom line and your best alternative if the case does not settle, and be ready to explain your numbers. Mediation is often the best, lowest-cost chance to resolve the dispute on your own terms.
Before You File
A quick pre-filing checklist
- I confirmed the right court (small claims, county, or circuit) for my claim.
- Florida has jurisdiction over the defendant, and venue is proper in my county.
- I am inside the statute of limitations for every claim.
- My complaint states the parties, jurisdiction, venue, facts, and a count for each claim.
- I pleaded facts for every element and attached any contract or document.
- I completed the civil cover sheet and a summons for each defendant.
- I paid the filing fee or filed an indigency application.
- I arranged service by sheriff or certified process server and will file the return.
Where to find Florida law — for free
Statutes, rules, fees, and forms change, and every clerk and circuit has local requirements. Before filing, confirm the current statute, your circuit’s administrative orders, fee schedule, and the clerk’s procedures. For more OLSI guides, visit www.openlawservices.org.
Sources & Authorities
Endnotes
Every legal proposition in this guide is grounded in the authorities below, cited in Bluebook form and verified against official Florida sources as of June 2026.
- § 26.012, Fla. Stat. (2025) (circuit court jurisdiction). ↩
- § 34.01, Fla. Stat. (2025) (county court jurisdiction; amount in controversy up to $50,000). ↩
- § 34.01(1), Fla. Stat. (2025) (county court civil jurisdiction). ↩
- Fla. Sm. Cl. R. 7.010(b) (2026) (Small Claims Rules govern actions of $8,000 or less, exclusive of costs, interest, and attorney’s fees). ↩
- § 48.193, Fla. Stat. (2025) (acts subjecting a person to long-arm jurisdiction). ↩
- Venetian Salami Co. v. Parthenais, 554 So. 2d 499, 502 (Fla. 1989) (two-step long-arm analysis). ↩
- Wendt v. Horowitz, 822 So. 2d 1252, 1260 (Fla. 2002) (connecting acts to Florida). ↩
- § 47.011, Fla. Stat. (2025) (venue; residence, accrual, or property). ↩
- § 47.051, Fla. Stat. (2025) (venue in actions against domestic and foreign corporations). ↩
- § 47.122, Fla. Stat. (2025) (transfer for convenience of parties and witnesses). ↩
- § 95.11, Fla. Stat. (2025) (statutes of limitations by claim type). ↩
- § 95.11(3), Fla. Stat. (2023), as amended by ch. 2023-15, § 18, Laws of Fla. (HB 837) (two-year limitations period for negligence). ↩
- § 95.031, Fla. Stat. (2025) (statutes of repose). ↩
- § 95.051, Fla. Stat. (2025) (tolling of the limitations period). ↩
- Fla. R. Civ. P. 1.110(b) (2026) (short and plain statement of ultimate facts; single set of circumstances per paragraph). ↩
- Fla. R. Civ. P. 1.110(d) (2026) (demand for judgment). ↩
- Fla. R. Civ. P. 1.130(a) (2026) (instruments attached to and made part of pleadings). ↩
- Fla. R. Civ. P. 1.100(c) (2026) (caption and case style). ↩
- Fla. R. Civ. P. Form 1.997 (2026) (civil cover sheet). ↩
- § 28.241, Fla. Stat. (2025) (circuit court filing fees). ↩
- § 34.041, Fla. Stat. (2025) (county court filing fees, tiered by amount in controversy). ↩
- § 57.081, Fla. Stat. (2025) (costs and fees for indigent litigants). ↩
Sources & Authorities (continued)
Endnotes
- § 57.082, Fla. Stat. (2025) (determination of civil indigent status by the clerk). ↩
- Fla. R. Civ. P. 1.070(a) (2026) (issuance of summons by the clerk). ↩
- Fla. R. Civ. P. 1.070(j) (2026) (service within 120 days of filing; dismissal absent good cause). ↩
- § 48.031, Fla. Stat. (2025) (personal service; substitute service at usual place of abode). ↩
- § 48.062, Fla. Stat. (2025) (service on a limited liability company). ↩
- § 48.081, Fla. Stat. (2025) (service on a corporation). ↩
- § 48.161, Fla. Stat. (2025) (substituted service on the Secretary of State). ↩
- § 48.181, Fla. Stat. (2025) (service on nonresidents engaged in business in Florida). ↩
- § 48.21, Fla. Stat. (2025) (return of service). ↩
- § 48.27, Fla. Stat. (2025) (certified process servers). ↩
- Fla. R. Civ. P. 1.140(a)(1) (2026) (20 days to serve a responsive pleading after service of process). ↩
- Fla. R. Civ. P. 1.500 (2026) (defaults and final judgments thereon). ↩
- Fla. R. Civ. P. 1.700 (2026) (rules common to mediation and arbitration). ↩
- Fla. R. Civ. P. 1.710–1.720 (2026) (court-ordered mediation procedures). ↩
- § 44.102, Fla. Stat. (2025) (court-ordered mediation). ↩
- § 44.405, Fla. Stat. (2025) (confidentiality and privilege in mediation). ↩
- § 90.902, Fla. Stat. (2025) (self-authenticating documents). ↩
- Fla. R. Gen. Prac. & Jud. Admin. 2.525 (2026) (electronic filing). ↩
- Ch. 2023-15, Laws of Fla. (HB 837) (2023) (civil-justice/tort reform). ↩
- § 768.81, Fla. Stat. (2023) (modified comparative negligence following HB 837). ↩
- § 48.194, Fla. Stat. (2025) (service of process outside the state). ↩
- Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, Nov. 15, 1965, 20 U.S.T. 361, 658 U.N.T.S. 163 (Hague Service Convention). ↩
A note on citations: Florida statutes and rules are periodically amended — the 2023 HB 837 reforms and the 2025 procedural amendments changed several provisions cited here — so always confirm the current text of any statute, rule, or case before relying on it.