Legal Question in Civil Litigation in Florida
Process
I want to serve the Plaintiff in an action against me with a countercomplaint. The court already has jurisdiction over us. Can I serve plaintiffs attorney.
Do I need a summons or just certified mail.
Asked on 5/15/09, 4:31 pm
2 Answers from Attorneys
David Slater
David P. Slater, Esq.
Re: Process
No. You should have served a Counterclaim. You must now start a separate proceeding.
Answered on 5/15/09, 6:02 pm
Alan Wagner
Wagner, McLaughlin & Whittemore P.A.
Re: Process
All you need to do is mail the lawyer the counterclaim (and file it with the court). Certified mail is not required. If you have already answered the complaint, you will need court permission to file the counterclaim. Leave is to be freely given.
Answered on 5/15/09, 6:30 pm