Was Your Case Filed in the Wrong County?

When you're served with a lawsuit in Florida, your first instinct might be to jump into defending the claims against you. But before doing that, there's a critical legal question you may be overlooking:

Was the lawsuit filed in the right county?

In many civil cases — especially those involving contracts, services, or payments — plaintiffs sometimes file lawsuits in counties that are convenient for them, not necessarily where the law allows. If that happens, you may have the right to challenge what's called "improper venue."

What Is Venue in Florida Law?

In Florida, venue refers to the proper county where a lawsuit may be filed. This is different from jurisdiction (which is about the court’s power over a case). Venue is about location — where the case should be litigated.

Venue rules are governed by Florida Statutes, and in contract and debt-related matters, the key statute is:

Florida Statute § 47.051 – Actions Against Residents

“Actions against residents shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located.”

In contract-related cases — especially those involving money owed or services rendered — the "cause of action" typically accrues in one of the following places:

• Where the contract was entered into
• Where the services were performed
• Or importantly: where payment was due to be made

Why Payment Location Matters

Let’s say you live and work in Orlando, but you’re being sued in Miami-Dade County because the plaintiff claims you owed them money and they happen to live there.

Unless you clearly agreed in writing to make payment in Miami-Dade, there’s a good chance that venue there is improper.

Florida courts have held that the location where payment is due must be established either by the terms of the agreement or other clear facts. If it's not, the defendant’s county of residence is often the proper venue.

Can You Challenge Improper Venue?

Yes. If you're sued in the wrong county, your attorney can file a Motion to Transfer Venue under Florida Rule of Civil Procedure 1.060(b). If the court agrees that venue is improper, it can move the case to the correct county — or even dismiss it.

This can:

• Make litigation more affordable and convenient for you
• Level the playing field by preventing “home-court” advantage
• Be used as a strategic defense tool early in the case

Real-World Example

A recent client of ours was sued in a South Florida county simply because the plaintiff lived there — even though the agreement had nothing to do with that location. The only connection was that the plaintiff claimed to have received a check there.

But there was no contract specifying that payment was due there.

We successfully argued that venue was improper, and the court ordered the case transferred to our client’s home county — saving them significant time, travel costs, and putting the case on fairer footing.

Key Takeaways

• Venue matters, especially in contract and payment disputes.
• Florida Statute § 47.051 outlines where residents can be sued.
• If there’s no written agreement stating where payment was due, venue usually belongs in the defendant’s home county.
• An experienced civil defense attorney can help you file a motion to transfer venue or dismiss the case.

Let Us Help You Fight Where It Counts

At Law Offices of Adam G. Hill, we help individuals and businesses across Florida defend against improper lawsuits — including those filed in the wrong county. If you’ve been served and aren’t sure if venue is proper, don’t wait. You may have a limited time to object.

Call us today for a free consultation

Just because you’re being sued doesn’t mean the other side gets to choose the battlefield. Let’s make sure the fight starts in the right place.

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