Get Statement Letter For Court

When must a defendant respond to the complaint? In Florida, unless a different time is prescribed by statute, a defendant must serve an answer within either: 20 days after service of original process and the initial pleading (typically a complaint). The date fixed in a notice by publication.

You must fill out the Application for a Pro Se Summons form and submit it to the clerk in the county where you are suing, along with payment of the court fee. The fee must be paid by cash, certified check, money order or bank check. Personal checks will not be accepted.

Write in the name and address of the person who filed the Complaint against you, or the name and address of their attorney. You can find this on the Summons that you received. At the end, add your address and phone number and sign the answer.

Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.

If you wish to start a civil action in federal court, but do not have an attorney to represent you, you may bring your case on your own. This is called "proceeding pro se" which means that you are representing yourself in the Court, and you are called a "pro se litigant".

If the defendant fails to file and serve an answer when due, then the plaintiff could file a motion for default requesting the clerk of court or the judge to enter a default against the defendant. The effect of a default is to admit the allegations of the Complaint.

1. When must a defendant respond to the complaint? In Florida, unless a different time is prescribed by statute, a defendant must serve an answer within either: 20 days after service of original process and the initial pleading (typically a complaint).

A party served with a pleading stating a cross-claim against that party shall serve an answer to it within 20 days after service on that party. The plaintiff shall serve an answer to a counterclaim within 20 days after service of the counterclaim.