Florida Notice - served with Complaint and Summons
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How to fill out Notice - Served With Complaint And Summons?
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FAQ
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.
Florida Rule of Civil Procedure 1.070 (j) states that a complaint must be served upon the defendant within 120 days after the complaint is filed. If it is not served within this time frame, a motion to dismiss is appropriate and the case is dismissed without prejudice.
If the defendant tries to evade service by staying away from their home, you can serve them at their workplace or another public place. If that does not work, you may need to locate another address to serve them at.
In Florida, the initial steps of a civil lawsuit consist of filing a lawsuit with the clerk of the court and serving it on a defendant along with a summons. The procedure of letting someone know they're being sued in a civil lawsuit is called 'service of process.
Insufficient service of process in Florida can cause the lawsuit to be dismissed. Note: for those who file a federal claim in the federal courts, there is an independent and distinct ?service of process? procedure to follow under federal law. See, e.g., Rule 5 of the Federal Rules of Civil Procedure.
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.
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.
It is important that you know that when the other party is served by the process server they must accept the papers. Once they are found, they can no longer avoid the inevitable. In the state of Florida, refusing service of process without violence from a registered process server is a class one misdemeanor charge.
