Is Filing a Breach of Contract Complaint in Florida Your Only Option?
When someone is in breach of a contract—i.e., does not respect what they have agreed upon—it can cause a lot of problems. You could assess whether giving up on the deal is the best option for you. If you have suffered losses, you should consider other choices.
Filing a breach of contract complaint in Florida might be a solution to your problem, but there is something else you could try before starting a lawsuit.
To be prepared for the legal process well, you should take the following steps:
- Check the statute of limitations
- Confirm the type of breach
- Send a breach of contract demand letter
- Consider mediation and arbitration
- File a breach of contract complaint
If you have mulled over the idea of suing for breach of contract for a few years, you need to check what the statute of limitations is for your type of contract.
While the Florida statute of limitations is five years for most contracts, it can vary by:
- The specific type of contract
- Certain special situations
- Sue the other party for it
- Receive a financial recovery for resulting damages
It means that before filing a complaint for breach of contract in Florida, you need to prove:
- The necessary elements
- You have suffered significant (material) losses as a result of the breach
Instead of suing the breaching party right away, you could draw up a demand letter to fulfill the following requirements:
|You Should Prepare a Demand Letter To||Details|
|Formally inform the other party of the breach||While it might seem obvious, some contractual parties might not be aware that they are in breach. You should list all the facts in this document since it can be beneficial for you if you end up in court|
|Propose a solution||Aside from stating the obvious information from the contract, you should also offer a solution to the problem. You can do that by suggesting, for instance, a new date for:
|Show you are serious||Preparing a Florida demand letter indicates that you:
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Our app is an affordable AI-powered lawyer that can help you:
- Draft numerous legal documents, including a breach of contract demand letter
- Sue in small claims court if the other party does not reply to your demand letter or sends an unfavorable response
The process is straightforward—subscribe to DoNotPay and follow these steps:
- Access our Client Breach of Contract product
- Provide information about the contract and breaching party by answering our chatbot’s questions
- Enter a new deadline for payment or delivery
- Describe the performed services
- Upload any documents that could support your claim (if available)
As soon as you complete these steps, our AI-powered app prepares a demand letter that:
- Complies with your state laws
- Meets the specifics of your case and circumstances
If the other party is not willing to discuss the problem, you should continue with the following steps before commencing legal proceedings.
If your agreement includes mediation or arbitration clauses, you need to go to mediation or arbitration before pursuing a lawsuit. These contractual clauses give you and the breaching party a fair chance to resolve the problem outside of court.
Before the mediation or arbitration process, you should consider:
- The damages caused by the breach of contract
- A solution to propose to the breaching party
- Defenses the other party might provide
- The cost of taking the other party to court if you are not able to settle the dispute
If your demand letter and mediation process turn out to be unsuccessful, you should initiate a lawsuit to receive damages or other remedies.
Here is what you need to do to file a breach of contract complaint in Florida:
- Determine what court to file a lawsuit in—You need to check whether you should file your complaint in small claims court or the state’s civil court
- Prepare the complaint—Gathering all necessary documentation is important for a valid complaint. You could prepare and file the complaint on your own by using a Florida breach of contract complaint form that might be available at the clerk’s office or on the court’s website
- Check how to serve the defendant—Since you need to serve the papers to the breaching party, you need to ensure it is done correctly, e.g., through:
- The sheriff’s office
- Private process server
- Pay the filing fees—Aside from paying for papers to be served to the breaching party, you will also need to settle the filing fee
To resolve a dispute as soon as possible, you should try to exhaust other options—including preparing a demand letter and going to mediation—before initiating a lawsuit since litigation can be complex, lengthy, and expensive.
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