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Florida Answer To Complaint

Category:
Local County - St Lucie - Small Claims
State:
Florida
Control #:
FL-SKU-4201
Format:
PDF
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Description

Answer To Complaint
A Florida Answer To Complaint is a legal document filed by a defendant in response to a complaint filed against them in a civil court. The answer outlines the defendant’s response to the allegations stated in the complaint. The answer must be filed within the timeframe set by the court and must provide specific information such as the defendant’s name, address, contact information, and any legal defenses they may have. There are three types of Florida Answer To Complaint: a general denial, a specific denial, and an affirmative defense. A general denial is a response to an allegation where the defendant does not admit or deny the accusation. A specific denial is a denial of each of the facts stated in the complaint. An affirmative defense is an assertion that even if the facts stated in the complaint are true, the defendant should not be held liable for the damages claimed.

A Florida Answer To Complaint is a legal document filed by a defendant in response to a complaint filed against them in a civil court. The answer outlines the defendant’s response to the allegations stated in the complaint. The answer must be filed within the timeframe set by the court and must provide specific information such as the defendant’s name, address, contact information, and any legal defenses they may have. There are three types of Florida Answer To Complaint: a general denial, a specific denial, and an affirmative defense. A general denial is a response to an allegation where the defendant does not admit or deny the accusation. A specific denial is a denial of each of the facts stated in the complaint. An affirmative defense is an assertion that even if the facts stated in the complaint are true, the defendant should not be held liable for the damages claimed.

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FAQ

A defendant has 21 days (or, if the defendant is the United States, 60 days) to file an answer after being served with the complaint and the summons.

You cannot serve these papers on the other party yourself or by mail or hand delivery. Personal service must be made by the sheriff's department in the county where the other party lives or works or by a private process server certified in the county where the other party lives or works.

There are three steps to respond to the Summons and Complaint. Answer each issue listed in the Complaint. Assert affirmative defenses. File one copy of the Answer document with the court and serve the plaintiff with another copy.

In Florida, ing to Rule of Civil Procedure 1.070 (j), a complaint must be served on the defendant within 120 days of its filing. If it is not served within the time frame specified, a motion to dismiss is appropriate, and the case is dismissed without prejudice.

Under Florida Rule of Civil Procedure 1.140(a), a defendant must serve an answer within 20 days ?after service of original process and the initial pleading on the defendant.? Therefore, a defendant has 20 days to file an answer with the clerk of court where the action is pending after the defendant is personally served

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.

Contact the clerk's office of the court where the lawsuit was filed. You'll find a phone number and address for the clerk's office on your summons. The clerk will be able to tell you exactly what documents you should file with your answer and whether any filing fee is required.

In Florida, you have only 20 days to respond by filing an Answer. You can respond with either an Answer document or a Motion; usually, you'll want to respond with an Answer document. If you don't respond within the 20 day period, you will automatically lose your case by default judgment.

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More info

You must respond to each numbered paragraph in the complaint and either admit the allegation, deny the allegation, or state that you do not have enough information to know whether the statement is true. In the area for Affirmative Defenses, you can list the facts which defend your action or inaction.Completed forms are to be submitted to the county where you are filing your case. The original answer with the original affidavit of service must then be timely filed in the County Clerk's Office, Room 118. D. The Motion to Dismiss. A response to the Complaint. Use our forms at your own risk. An answer is your opportunity to respond to the complaint's factual allegations and legal claims. This article will address the issues that should be evaluated when preparing an answer. In law, an answer refers to a defendant's first formal written statement to a plaintiff's initial petition or complaint.

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