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Civil Litigation · Florida Courts

When a deal goes wrong, you need someone in your corner.

McNamara Law represents individuals and businesses in Florida civil disputes, including broken contracts, fraud, deceptive business practices, and fights over money and property. We aim to resolve disputes efficiently and are prepared to litigate when the other side won't make it right.

Who We Represent

Individuals and businesses on either side of a dispute

Litigation is expensive and stressful, so we start with a clear-eyed look at the strength of the claim, what it is worth, and what it will cost to pursue. Then we build a strategy around your goals.

Individuals & Consumers

Holding businesses accountable

Consumers are often on the losing end of fine print, high-pressure sales, and shops that won't return calls. Florida law gives individuals real tools, and in some cases the right to recover attorney's fees.

  • Deceptive sales & FDUTPA claims against dealers and other businesses
  • Repair-shop disputes, including overcharges, bad work, and held vehicles
  • Contractor & service disputes over unfinished or defective work
  • Recovery of personal property wrongfully kept by someone else
Businesses & Owners

Protecting your company

Small and mid-sized businesses need practical counsel that understands the cost of a lawsuit. We pursue and defend claims with your bottom line in mind.

  • Breach of contract with customers, vendors, and suppliers
  • Partnership & LLC member disputes over control, money, and exits
  • Fraud & misrepresentation in business transactions
  • Commercial collections and defense of claims against your business
Civil Litigation Services

Florida civil disputes we handle

From demand letters and pre-suit negotiation through trial, we represent clients in county and circuit courts throughout Central Florida.

Business Disputes

Business & Contract Disputes

Disagreements over payment, performance, scope of work, and the meaning of contract terms between businesses, their customers, and their vendors.

Breach of Contract

Breach of Contract

When someone fails to do what they promised, written or oral, we pursue the damages you're owed or defend you against claims you didn't cause.

Fraud · Misrepresentation

Fraud & Misrepresentation

Claims arising from false statements, concealed facts, and deceptive conduct used to induce a purchase, investment, or agreement.

Consumer Protection

Consumer Protection Claims

Claims under Florida and federal consumer protection laws when businesses use deceptive advertising, hidden fees, bait-and-switch tactics, or unfair practices.

Fla. Stat. § 501.201

Florida Deceptive & Unfair Trade Practices Act (FDUTPA)

FDUTPA lets consumers recover actual damages caused by deceptive or unfair trade practices, and a court may award attorney's fees to the prevailing party.

Read our FDUTPA guide →
Vehicle Sales

Disputes Against Automobile Dealers

Undisclosed accident or flood damage, title problems, misrepresented vehicle history, unauthorized add-ons, financing tricks, and trade-in payoffs that never happened.

Dealer claims →
Fla. Stat. § 559.901

Disputes Against Mechanics & Repair Shops

Unauthorized repairs, charges well over the estimate, unnecessary or incomplete work, and shops that refuse to release your vehicle. Florida's Motor Vehicle Repair Act sets specific rules repair shops must follow.

Repair-shop claims →
Property Damage

Vehicle Repair & Property Disputes

Damage to your vehicle or property while in someone else's care, botched repairs, and disputes over the value of damaged property.

Fla. Stat. Ch. 78

Replevin / Recovery of Personal Property

Replevin is a court action to recover specific property, such as a vehicle, equipment, or personal belongings, that someone is wrongfully keeping from you.

Commercial Litigation

Commercial Litigation

Business-to-business disputes, including unpaid invoices, supplier and vendor conflicts, lease disputes, and claims involving business assets.

Partnership · LLC

Partnership & Ownership Disputes

Conflicts between co-owners over management, distributions, misuse of company funds, buyouts, and breakups of closely held businesses.

And More

Other Civil Litigation

If someone owes you money, damaged your property, or broke a promise, tell us what happened. We'll give you a straightforward assessment of whether it's worth pursuing.

Describe your dispute →
How a Case Moves

From demand letter to resolution

Many disputes resolve before a lawsuit is ever filed. When they don't, we are ready.

i

Case evaluation

We review your documents, identify every legal claim, and give you an honest view of value, cost, and risk.

ii

Demand & negotiation

A well-supported demand letter often brings the other side to the table, and some statutes require pre-suit notice.

iii

Filing suit

If needed, we file in the proper Florida court and serve the defendant.

iv

Discovery & mediation

Both sides exchange documents and testimony. Most civil cases are sent to mediation before trial.

v

Resolution or trial

Settlement on fair terms, or a judgment from the court, followed by collection if necessary.

Civil Litigation Questions

Before you sue, or if you've been sued

Answers to the questions we hear most often about Florida civil disputes.

Ask us yours

Generally, five years for a written contract and four years for an oral contract, measured from when the breach occurred. Other claims have different deadlines; FDUTPA claims, for example, are generally subject to a four-year limitation period. Deadlines can be affected by the facts, so don't wait.

Sometimes. Florida generally follows the rule that each side pays its own fees unless a contract or statute provides otherwise. Many contracts include a prevailing-party fee clause, and statutes like FDUTPA and the Motor Vehicle Repair Act allow courts to award fees. Fee provisions can cut both ways, which is part of evaluating any case.

In Florida, small claims handles disputes up to $8,000, county court handles claims up to $50,000, and circuit court handles larger claims, excluding interest, costs, and fees. The right court affects the procedure, timeline, and strategy.

Yes. A replevin action asks the court to order the return of specific personal property. In appropriate cases, the court can order the property returned before the case is finally decided. If a repair shop is holding your vehicle over a disputed bill, Florida law also provides a specific bond procedure. Learn more →

Act immediately. In most Florida civil cases, a defendant has 20 days after service to respond. Missing that deadline can result in a default judgment. Gather the papers you were served and any related documents, and speak with a lawyer right away.

Other Practice Areas

Legal help beyond civil disputes

Someone owes you. Let's make it right.

Bring your contract, invoices, texts, and emails. We'll tell you plainly what your claim is worth and the smartest way to pursue it.