Legal Question in Civil Litigation in Florida

Need help writting a responce to a civil complaint

Could you please help me? I need to file a response to a summons I received for a civil court case. The complaint was Count 1- Past due Rent.

I feel that I have enough evidence to win this case. I just not sure how to responded in words without telling the other side all the evidence I have. Can I just write I am responding to your complaint and would like to set a hearing date for the judge to hear my case?? Or Do I need to give an explanation of why I feel I do not owe the Past Due Rent?? Then ask for the hearing date. The case is in Osceola County Kissimmee Florida 34741


Asked on 12/06/07, 10:02 pm

2 Answers from Attorneys
Matthew Z. Martell Law Office of Matthew Z. Martell, P.A.

Re: Need help writting a responce to a civil complaint

Actually, what you need to do is file an Answer and Affirmative Defenses within 5 days of being served pursuant to Florida Landlord/Tenant Law. A letter to the Judge or the Clerk of Courts in not going to cut it. I can help you to draft the Answer and Affirmative Defenses if you want me to. I have had a couple of cases in Kissimee before and I practice in the area of landlord/tenant law. Still, you would probably do better by immediately hiring a landlord/tenant lawyer in the Kissimee, Florida area

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Answered on 12/06/07, 10:19 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Need help writting a responce to a civil complaint

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.

If you were served with a Complaint for Eviction, then you must file an answer within five days (not counting Saturday, Sunday or legal holidays) with the court. Place the style of the case and respond to each of the allegations set forth by the Plaintiff.

Despite what you may see on television, law is not a game of surprise and ambush. If you have any defense, set it forth now as you may be too nervous to explain it to the court later when your case is heard. In fact, under Florida law, unless you allege payment in your response, the court may deny you the right to a hearing in an eviction matter.

Scott R. Jay, Esq.

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Answered on 12/06/07, 10:32 pm


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