Legal Question in Real Estate Law in Florida

Received a eviction summons in the mail

I received a eviction summons in the regular mail for the County Clerks Office. Does my five days start from the day it is mailed or am I still to be served an eviction summons by the sheriff or process server? It was filed Feb 12, mailed regular mail Feb 13th and I received it Feb. 14th. I thought I had to be served this personally by the sheriff or process server.


Asked on 2/14/03, 8:06 pm

2 Answers from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: Received a eviction summons in the mail

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.

The county courts are at a divergence of opinions. I am guessing that you mean that you were served a 3 day eviction letter, not a summons. The answer is that you either have 3 days from the date that you received the letter or 8 days from the day it was mailed to pay your landlord. The reason is because some courts have applied the rules of civil procedure which allow for 5 days to be added to anything that has been mailed. Ultimately when you are sued for eviction, if you do not make a timely payment as described above then you will need to be served with the summons prior to being evicted. In otherwords, you have just been given the 3 day, fair warning letter to pay or be sued and evicted. Good luck. If you need further assistance, you may contact the undersigned.

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Answered on 2/15/03, 12:59 pm
David Slater David P. Slater, Esq.

Re: Received a eviction summons in the mail

You do.

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Answered on 2/14/03, 11:00 pm


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