Suing a Business? Start With the Right Attorney

When people ask what kind of attorney do you need to sue a business, the short answer is a business litigation attorney. That is a Florida lawyer who handles contract, partnership, and commercial disputes in court. The right fit depends on the type of dispute, not only on the fact that the other side is a company.

This page matches common disputes to the right kind of lawyer. It also explains what usually happens before a lawsuit, and what to gather before you call. Kristina E. Wilson is the responsible lawyer for this page. KEW Legal is a Florida business law firm with offices in Coral Gables and Sunny Isles Beach.

The Short Answer: A Business Litigation Attorney

Suing a company in Florida involves court procedures and filing requirements, and an attorney can explain how they apply to your dispute. A suit against a business is a civil lawsuit.

Your claim decides the fit. A dispute over unpaid invoices on a supply contract is different from a fight between co-owners over a buyout. Start with the document at the center of the problem, then find the lawyer who works with that kind of document.

Match the Dispute to the Right Kind of Attorney

The type of lawyer follows the type of dispute. Each dispute turns on different papers.

• Vendor or contract dispute: A business contract and vendor dispute attorney reviews the agreement, the performance, the payment terms, and the notice requirements.
• Partner or co-owner dispute: A partnership dispute attorney looks at the operating agreement, capital contributions, decision-making rights, and any buyout terms. Florida law says a judgment against a partnership is not by itself a judgment against a partner, so who can be pursued matters.
• Commercial lease or eviction: A commercial lease attorney or commercial eviction attorney reviews the lease terms, default notices, and possession issues, including for owners who live abroad.
• Buying, selling, or succeeding a business: A business acquisition and sale attorney or business succession planning attorney reviews purchase agreements and the promises they contain.
• Investment property: A real estate investment attorney reviews the ownership structure, the purchase documents, and the obligations of the investment entity.
• Employee claims against a company: The firm’s employment work is for employers. An employee bringing a claim against a company may need to see a different lawyer or firm.

What Happens Before a Lawsuit Is Filed

Often the first step is a written demand, not a complaint. A demand letter states the facts, the contract terms at issue, what you want, and a date to respond. Keep it factual and tied to the contract.

Avoid guesses presented as facts, admissions of fault, insults, and threats you don’t plan to carry out. Those lines can hurt your position later.

Before anything goes out, read the contract for three things. Look for a forum clause (where disputes must be heard), a choice-of-law clause (whose state law applies), and any notice steps.

Some agreements require arbitration. Florida treats a written agreement to arbitrate as valid, enforceable, and irrevocable, except on grounds that allow revoking any contract. Fla. Stat. § 682.02 reads: “(1) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract.” Court-ordered mediation is also possible. On one party’s request, a court must refer a filed suit for money damages to mediation, if the requesting party is willing and able to pay the mediation costs or the costs can be equitably divided between the parties, unless an exception applies, such as a landlord and tenant dispute with no personal injury claim (§ 44.102).

How Much Money Can You Recover?

The amount depends on the contract’s terms, the losses you can document, and the proof of what was owed. A general description cannot set a dollar figure. Those numbers come from the documents and evidence in your case.

Businesses often pursue direct losses, such as unpaid amounts or the cost of replacing a vendor who failed to perform. Some contracts include an attorney’s fee clause. If a contract lets one side recover fees for enforcing it, a court may also allow reasonable fees to the other side when that side prevails, for contracts entered into on or after October 1, 1988 (§ 57.105).

Interest matters too. Florida sets the rate on judgments each quarter, but a written contract can set its own rate (§ 55.03). Litigation costs and the time a case takes should be weighed against the amount in dispute. Review both at your first consultation.

Why Some Business Lawsuits Are Harder to Bring

Three things can block or slow a claim: timing, the place to file, and steps the contract requires first.

Timing. Under § 95.11, actions other than for recovery of real property must be commenced within the periods the statute sets, such as twenty years on an action on a judgment or decree of a court of record in this state. Waiting can cost a claim.

Place to file. A suit generally must be brought where the defendant resides, where the claim arose, or where the property is located (§ 47.011). That rule does not apply to nonresidents. For domestic corporations, suit is tied to the county where the company has or usually keeps an office for its customary business; for foreign corporations, it is tied to where the company has an agent or other representative. Suit may also be brought where the cause of action accrued or where the property in litigation is located (§ 47.051).

Contract terms. A court may refuse to enforce a term that is unconscionable. Florida requires both unfair process and unfair terms, weighed together, before a court will do that (Basulto v. Hialeah Automotive). Notice steps in a contract can also come first. Missing them can weaken a case even when the breach is real.

What to Gather Before You Talk to a Lawyer

Bring the signed contract, every amendment, and a timeline of what happened. Organized papers make the first conversation more useful.

• The signed contract, amendments, side letters, and any operating agreement or lease.
• Invoices, payment records, purchase orders, and proof of delivery or performance.
• Emails, texts, and meeting notes with dates, plus the names of the people involved and what each one said.
• A short timeline: when the problem began, each notice sent or received, and any deadlines in the documents.
• The other party’s exact legal name and its registered agent, since the agent is who legal papers are delivered to.

Talk to KEW Legal About Your Situation

Deciding whether to sue is hard, especially when a payment stopped, a partner went quiet, a lease broke, or a vendor never delivered. The next step is a first conversation with a business lawyer who can read your documents.

The first consultation with KEW Legal is free, confidential, and comes with no obligation to continue. Call 305-990-2300 or send us a message to get started.