Legal Question in Civil Litigation in Florida
I've been named as a defendant in a lawsuit but have no idea how to proceed. After being served, what are my responsibilities?
2 Answers from Attorneys
If you read the summons attached to the complaint and IF you are in Florida Circuit Court or County court and not Small Claims court, you have 20 days to answer the complaint in writing serving a copy on the plaintiff or his attorney, if he has one, and file the original with the clerk of the court. If you fail to do so, a default will be entered against you and, ultimately, a judgment. If it is a Small Claims Court case, you have to physically appear on the date indicated in the notice attached to the complaint.
I would strongly recommend you retain an attorney so you do not waive any substantive or procedural defenses by failing to timely raise them.
Read every page of everything you have been served with.