Legal Question in Civil Litigation in Florida

time limit for a response to a counter claim

Hello:

I filed a couter claim back in Nov. 26 07. The Plaintiff is not responding to it dated Dec. 21.07. Isn't this or should it be time barred?


Asked on 12/26/07, 12:23 pm

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: time limit for a response to a counter claim

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Generally a party has 20 days to respond to any claim unless the timeframe has been enlarged by a court order. You should file a motion for default and set it for a hearing.

Scott R. Jay, Esq.

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Answered on 12/27/07, 12:31 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: time limit for a response to a counter claim

MOve for entry of a default judgemnt on the claim.

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Answered on 1/05/08, 11:08 pm
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: time limit for a response to a counter claim

You probably need an attorney unless you are in small claims court. You can move for default for failure to file.

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Answered on 12/26/07, 2:20 pm


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