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If you are served with a summons and complaint, this means that someone has filed a lawsuit against you. A summons notifies you that you have been sued and informs you that you must respond to the lawsuit within a certain period of time.
A complaint sets forth the reason s and the basis for the lawsuit filed against you. Except for a summons for eviction, you have twenty 20 days to file an Answer to Civil Summons in Florida. Count twenty days starting with the day after you are served, and count every day, including Saturdays and Sundays.
A summons for eviction of a rental property gives you only five 5 working days to file your answer with the court.
Count five days starting with the day after you are served the summons. So for example, if the summons was served on you on a Tuesday, the first day would be Wednesday.
Do not count Saturdays, Sundays, or legal holidays. In other words, if the last day lands on a Saturday, the filing deadline would be on the next business day, usually Monday unless it is a legal holiday.
How Do I Answer the Summons? Read the complaint or petition to see why you are being sued and what the person wants the court to do.
Then write your answer to civil summons addressing each point in the complaint. It is best to respond to each numbered paragraph of the complaint.
Every allegation in a complaint is usually given a number. You should number your answer the same way. If you have other facts that you want the judge to know, add additional numbered paragraphs.
After you have written your responses, be sure to fill in the other blanks such as the names of the parties and the case number. Make sure you attach copies as your attachments.
Never attach the originals. These you should keep for your own records. Process of Service and Filing Procedure Finally, take a look at the last paragraph of your answer. Choose how you will give a copy to the party filing the lawsuit.
This should be by either hand-delivery or by mail, then sign and date the answer. Make at least two copies of your answer to civil summons. File the original, with any attachments, with the Clerk of the Court where the complaint was filed.
Look at the top of the summons to see if it was filed in the County or Circuit Civil Court. Go to this court in the county the complaint was filed, and see the court clerk to file your answer. Once your original answer is filed, the court will keep you advised of all upcoming hearings in your case.
Keep one copy in a safe place for your records. If you do not file an answer or meet the deadline, the person, company, or legal entity filing the lawsuit will win a judgment against you. This is called a default. Can a Default Judgement Be Reversed?
Several circumstances exist where a default can be challenged. If you were not properly notified of the lawsuit through a process called service or if you did not have a chance to respond are common grounds for challenging a default.
Should I Get Legal Advice? Seek advice from an attorney if you have any questions or if you need assistance in preparing your defense.All data and information provided on these pages, while believed to be accurate, is nonetheless provided for informational purposes only and thus should not be relied upon as a legal opinion, legal advice, or investment advice.
Eviction and property management law services for the Florida residential property manager and landlord filing evictions in all florida counties and representing thousands of . Mar 20, · IN THE CIRCUIT COURT OF THE 6TH JUDICIAL CIRCUIT, IN AND FOR PINELLAS COUNTY, FLORIDA.
First of all, you write your amended answer (or petition if you are the plaintiff). Remember that usually the amended answer does not simply add to the original answer. HELP WITH AMENDING ANSWER TO .
Florida Rules of Civil Procedure - Amended Answer - United States District Court Southern District FL SD BK Eleventh Circuit - Local and Federal Court Rules Made Easy All requirements applicable to answers apply to amended answers.
See Southern District of Florida SmartRules™ procedural guide: ANSWER. The John Marshall Law School The John Marshall Institutional Repository Court Documents and Proposed Legislation Defendant’s Amended Answer, Affirmative. No. The webmaster will not forward messages to congressional offices. If you are having problems contacting your representative, you can report the problem using the Contact Webmaster form, write or call your elected representative, or visit the member's website for alternate contact information.