Torts Form With 2 Points In Miami-Dade
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If the defendant fails to appear at the preliminary hearing, the court will enter a default against him/her after it is shown to the judge that the suit was filed in the proper county and the defendant was legally notified.
(1) Unless a different time is prescribed in a statute of Florida, a defendant must serve an answer within 20 days after service of original process and the initial pleading on the defendant, or not later than the date fixed in a notice by publication.
Because small claims matters may proceed in a more informal manner than cases proceeding under the rules of civil procedure, and defendant does not need to file any defense in order to contest the claim against him, defendant is not required to assert a meritorious defense in order to have default set aside.
If the defendant does not properly respond to the summons and complaint, either by ignoring it or by procrastinating on a response, then the plaintiff may get a complete and valid judgment against him/her.
Because small claims matters may proceed in a more informal manner than cases proceeding under the rules of civil procedure, and defendant does not need to file any defense in order to contest the claim against him, defendant is not required to assert a meritorious defense in order to have default set aside.
NOTICE TO APPEAR If the defendant fails to appear at the preliminary hearing, the court will enter a default against him/her after it is shown to the judge that the suit was filed in the proper county and the defendant was legally notified.
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(1)Statement of Claim. Actions are commenced by the filing of a statement of claim in concise form, which shall inform the defendant of the basis and the amount of the claim. If the claim is based on a written document, a copy or the material part thereof shall be attached to the statement of claim.
An uncontested divorce in Florida takes between six weeks and three months. A contested divorce takes between six months to a year to come to a resolution. Keep in mind that you must meet Florida state residency requirements prior to filing for divorce.
To make a request contact the Clerk's office by mail or in person at Miami-Dade County Courthouse or by email at cocoffrec@miamidade.