Legal Question in Real Estate Law in Florida
Can you answer a complaint not yet served on you?
I know that my Condo Association filed a civil suit against me (I see the case number online Orange county iclerk) back in October but they have not served me yet. I want 100% dispute their claim and to counter sue them and I suspect thay will wait until after my counter claim expires for statute of limitations before they serve me. So can I answer a complaint not yet served on me? I have not yet gone down to the courthouse to view the file and read the complaint filed but I could. Can I file an answer without even viewing the file and never reading the complaint? Does the law require that I read the complaint before I file an answwer and countercomplaint?
2 Answers from Attorneys
Re: Can you answer a complaint not yet served on you?
Until your are served no suit has been started.
Re: Can you answer a complaint not yet served on you?
Until you are served, there is no need to answer. You may never be served and therefore , never need to answer.
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