Getting served with a lawsuit is disruptive—but the first 10 days often decide whether the case becomes manageable or spirals into unnecessary risk and cost. The biggest early danger isn’t “losing at trial.” It’s missing deadlines, making avoidable admissions, and failing to preserve the evidence and coverage that could reduce exposure.
This is a practical triage plan for Florida business owners, executives, property managers, and in-house teams who need to stabilize the situation quickly and make smart decisions.
The two goals for the first 10 days
Goal #1: Avoid default.
A default can turn a defensible dispute into an emergency. Usually, you have 20 days from the date of service to respond to a lawsuit before a default can be entered. READ YOUR SUMMONS CAREFULLY AND BE MINDFUL OF RELEVANT DATES.
Goal #2: Reduce exposure early.
Most business cases settle, and the best settlements are built on early leverage: clean facts, preserved documents, and a clear defense strategy.
Day 0 (the day you’re served): Don’t panic—secure the basics
1) Confirm what you were served with
You need to know whether this is:
- a Summons + Complaint (typical lawsuit)
- a Statement of Claim (often county court small claims)
- a Foreclosure/eviction (special procedures/timelines)
- an administrative action (different rules)
Action: Make a PDF folder and save everything exactly as received: summons, complaint, exhibits, and any envelope/service paperwork.
2) Calendar deadlines immediately
Even if you plan to negotiate, you need the response deadline on your calendar right now—plus reminders.
Action: Set 3 reminders: Day 7, Day 14, Day 18 (or earlier). Do not rely on memory.
3) Stop “helpful” emails and texts
The most common self-inflicted wound is the “explanation email” that becomes Exhibit A.
Action: Tell your team: no substantive written responses to the opposing party without a plan.
Days 1–2: Build the “defense file” (your case is only as good as your documents)
4) Issue a document hold (litigation hold)
You want to preserve:
- emails (including deleted items)
- texts/WhatsApp/iMessage
- accounting records and ledgers
- contracts, proposals, change orders
- photos, job logs, delivery receipts
- meeting notes and internal messages
Action: Send an internal “do not delete” instruction to the people involved, especially anyone who might “clean up” files.
5) Create a one-page timeline
This is the fastest way to make the case intelligible and defensible.
Include:
- contract date and parties
- performance milestones
- payment dates and invoice dates
- complaint/dispute dates
- key communications (“approved,” “accepted,” “rejected,” “cure request”)
Action: Keep it factual. No arguments yet.
Days 2–3: Check for insurance coverage (and notify properly)
6) Look for coverage that could fund defense or settlement
Many business owners assume “insurance won’t cover contract disputes.” Sometimes that’s true—but coverage issues can be nuanced, especially if the complaint includes negligence, property damage, advertising injury, or other allegations.
Action checklist:
- Find all potentially relevant policies (CGL, professional/E&O, property, cyber, D&O, employment practices)
- Pull declarations pages + endorsements
- Notify the carrier(s) promptly (late notice can become an issue)
- Keep proof of submission and claim number
Even if coverage is disputed, timely notice preserves options and can create leverage.
Days 3–5: Identify “case-shaping” issues before you spend money fighting the wrong battle
7) Confirm the correct parties (and wrong parties)
Early wins often come from party errors:
- wrong corporate entity named
- old entity name used
- incorrect owner/manager sued personally
- missing indispensable parties
Action: Pull Sunbiz records, contract signature pages, invoices, and payment records to confirm who contracted with whom.
8) Look for venue, forum selection, and arbitration clauses
Before you “fight,” check whether the contract requires:
- a specific county
- arbitration/mediation
- notice-and-cure procedures before suit
- attorney fee provisions
Action: If there’s an arbitration clause or mandatory pre-suit procedure, it can change strategy immediately.
9) Evaluate exposure realistically (not emotionally)
Ask:
- What is the plaintiff really seeking (money, injunction, leverage, reputation)?
- Is the claim overblown compared to documents?
- Are there offsets/credits/defects/cure opportunities that reduce damages?
Action: Separate liability (who is right) from collectability (who can pay) and economics (what it costs to win).
Days 5–7: Plan your first legal move (not your last)
10) Choose your early posture
There are usually three sensible early paths:
Path A: File a strong response and defend aggressively
Best when the plaintiff is overreaching, facts are clean, or the case threatens the business.
Path B: Limited early motion strategy (targeted) + negotiation
Best when there are threshold issues (wrong party, contract procedure failures, arbitration, venue) but you still want a business resolution.
Path C: Early settlement posture (with guardrails)
Best when litigation cost is disproportionate, evidence is mixed, or business priorities demand fast closure.
Action: Decide your posture before you “start talking.” Unstructured negotiation often leads to admissions, bad offers, or missed deadlines.
Days 7–10: Reduce exposure and set leverage
11) Control communications (one point of contact)
The plaintiff’s counsel will often try to get your team to “talk it out.”
Action: Pick a single point of contact internally. Everyone else should route communications through that person (and ideally counsel).
12) Prepare the “first 3 defenses” and “first 3 facts”
You want a simple, defensible narrative early.
Examples of defense categories (case-dependent):
- wrong parties / lack of privity
- conditions precedent not met (notice/cure)
- payment credits and ledger disputes
- scope disputes / change order issues
- limitations / timing problems
- failure to mitigate damages
Action: Your goal is not to win the whole case in week one—it’s to create enough clarity to avoid being pushed around.
13) Start settlement planning like a business decision
If settlement is on the table, think in terms of structure, not just dollars:
- lump sum discount vs. payment plan
- release scope (who is released)
- confidentiality / non-disparagement
- stipulated judgment on default (sometimes)
- mutual walk-away vs. narrow resolution
Action: Settlement agreements need to be precise. If key terms are vague—amounts, deadlines, default triggers, remedies, release timing—you can end up right back in conflict arguing over what the deal required. A well-drafted settlement reduces uncertainty and prevents “round two.”
10-Day Triage Checklist (copy/paste)
- Save all papers served (summons, complaint, exhibits, service docs)
- Calendar the response deadline + reminders
- Stop substantive texts/emails to the other side
- Issue a litigation hold (do not delete)
- Build a one-page timeline
- Collect the contract package + invoices + proof of performance + payment ledger
- Check insurance policies; provide timely notice
- Confirm correct parties (entity names, signatories, Sunbiz records)
- Check venue/arbitration/notice-and-cure clauses
- Decide posture (defend, motion + negotiate, early settlement)
- Centralize communications (one point of contact)
- Identify top defenses + top facts
- Begin settlement structure planning (if appropriate)
FAQ
“Can I ignore it if I’m negotiating?”
No. Negotiations do not stop deadlines unless there is a written agreement or court order. The safest approach is to negotiate while protecting the response deadline.
“What if the lawsuit is totally wrong?”
That can be a good sign—if your documents support it. But you still need to respond properly and preserve evidence.
“Should I call the plaintiff directly?”
Usually not. It often creates admissions, escalates emotions, or complicates defense strategy.
Talk to a Florida business litigation attorney early—before the case hardens
The first 10 days are about control: control the timeline, control the documents, and control the narrative. If you were served with a Florida business lawsuit and want a practical plan—whether to defend, narrow the case, or resolve it efficiently—Douglas Firm can review the complaint and key documents and help you choose the smartest path.
Disclaimer: This article is general information and not legal advice. Deadlines and strategy depend on the specific case type, court, and facts.