Florida Small Claims Court Corporation and LLC: How to Sue a Business

Suing a business in Florida small claims court is procedurally identical to suing an individual — same forms, same fees, same $8,000 limit — but getting two things wrong can kill your case before a judge hears it: naming the wrong entity and serving the wrong person. Here is how to avoid both mistakes.

Finding the Legal Entity on Sunbiz

The business you are dealing with may operate under a trade name (DBA) that is different from its registered legal name. A storefront called "Sunshine Plumbing" might be registered as "J. Garcia Services LLC d/b/a Sunshine Plumbing." If you sue only "Sunshine Plumbing," the judgment may be unenforceable against the LLC's assets.

Search Sunbiz — the Florida Division of Corporations database — to find:

• The exact registered entity name (the LLC, Inc., or Corp. name)
• Entity status — confirm it is Active, not Inactive or Dissolved
• The registered agent — the person designated to accept legal documents on the entity's behalf, with their street address (not a P.O. Box)
• Officers or managers — from the most recent Annual Report, useful if the registered agent is unreachable

Name the legal entity on your Statement of Claim. If the business also uses a trade name, add it: "Garcia Services LLC d/b/a Sunshine Plumbing."

Serving a Business Entity

Service of process on a corporation or LLC generally starts with the registered agent listed on Sunbiz.

Under Florida Statutes §§ 48.081 (corporations) and 48.062 (LLCs), process may be served on the registered agent. If the entity has no registered agent, or the agent cannot be served after one good-faith attempt because the entity failed to comply with the applicable registration law, process may be served on the statutory alternatives. For a corporation, these are the chair of the board, president, any vice president, secretary, treasurer, or a person listed on the latest annual report. For an LLC, they are a manager of a manager-managed LLC, a member of a member-managed LLC, or a person listed on the latest annual report.

Florida Statute § 48.091 requires the registered office to be open, with an agent available for service, from 10:00 AM to 12:00 PM on days other than Saturdays, Sundays, and legal holidays.

Form 7.350: Authorized Representatives

A business entity (corporation, LLC, or partnership) does not need to hire a lawyer to appear in Florida small claims court. Under Rule 7.050(a)(2), it may be represented by a principal with legal authority to bind the entity or by an employee authorized in writing by a principal, using Form 7.350.

This is relevant whether you are suing a business or defending as one:

• If you are the plaintiff suing a business, expect their representative — not necessarily the owner — to appear at the pretrial and trial
• If you are a business owner being sued, you can send an employee authorized in writing by a principal with Form 7.350 instead of appearing yourself or hiring counsel

An employee needs written authorization from a principal. At mediation, the representative must have authority to negotiate and execute a settlement on behalf of the business.

Note that this exception applies only at the small claims trial court level. If the case is appealed, the business must hire a licensed Florida attorney for the appellate proceedings.

Form 2.601: Email Service Exemption

Florida's Judicial Administration Rule 2.516 generally requires parties to serve documents by email after the initial service of process. A self-represented litigant must be excused from email service if they declare under penalties of perjury on Form 2.601 (Designation of Current Mailing and Email Address) that they do not have an email account or do not have regular Internet access.

If you are comfortable with email, accepting email service is faster and eliminates trips to the post office. If you do not have an email account or regular Internet access, file Form 2.601 early — ideally with your Statement of Claim — so the court and the other side know to use your mailing address.

Rule 7.050: What the Clerk Can and Cannot Do

Rule 7.050 establishes the foundation of Florida small claims procedure. One thing first-time filers frequently misunderstand: the clerk's office cannot give you legal advice. They can accept your filing, issue a summons, and answer procedural questions (filing fees, court dates, document formats), but Florida law prohibits clerk staff from telling you which form to use, how to fill it out, or whether your case is worth filing.

This is why showing up at the clerk's window with your Statement of Claim already completed, your attachments organized, and your filing fee calculated is so much more efficient than asking the deputy clerk to walk you through it.

Filing Your Case Against a Business

The complete procedure for filing against a corporation, LLC, or sole proprietor — including the Sunbiz verification workflow, demand letter, service options, and hearing preparation — is in the Florida Small Claims Filing Guide.

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