What Is a Civil Complaint?
In Florida real estate litigation, a lawsuit does not officially begin until a civil complaint is filed with the clerk of the circuit or county court. The party filing the lawsuit is the plaintiff, and the party being sued is the defendant.
The complaint is a foundational document that tells the court and the defendant exactly what the dispute is about. It must clearly state the facts of the case, the legal theories establishing the defendant's liability, and the "prayer for relief"—the specific remedy the plaintiff wants the judge to grant (e.g., a monetary judgment, an injunction, or forced sale of property).
Common Real Estate Complaints in Florida
Barnes Walker attorneys draft and respond to civil complaints involving a wide variety of real estate disputes, including:
- Breach of Contract — A complaint alleging a buyer failed to close on a property or a seller failed to disclose a known defect.
- Quiet Title Actions — A complaint asking the court to officially declare the plaintiff the sole owner of a property and remove an invalid lien or cloud on title.
- Foreclosure — A complaint filed by a mortgage lender or HOA against a homeowner who has defaulted on their payments, seeking the forced sale of the property.
- Eviction — A specific type of complaint (often an action for possession) filed by a landlord to remove a non-paying tenant.
The Service of Process and Answer
Simply filing a complaint at the courthouse is not enough. The plaintiff must formally deliver (serve) a copy of the complaint, along with a court summons, to the defendant through a process server or sheriff's deputy. Once served, the defendant typically has 20 days under the Florida Rules of Civil Procedure to file a formal "Answer" to the complaint. If the defendant fails to respond within 20 days, the plaintiff can ask the court for a default judgment, automatically winning the case.
Related Terms
- Lis Pendens — A notice recorded in the public records when a real estate complaint is filed
- Quiet Title Action — A common type of civil complaint
- Foreclosure — An action initiated by filing a complaint
Barnes Walker Property Litigation
Barnes Walker's litigation attorneys draft powerful civil complaints to initiate real estate lawsuits and aggressively defend property owners who have been served with complaints by contractors, neighbors, or lenders. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC