A defendant must serve a response within 20 days of being served with the original complaint and summons. That deadline applies to most civil cases in Florida state courts, whether the dispute involves a debt, a contract, property, or a personal injury claim. Cases filed in federal court in Florida operate under separate rules and generally allow 21 days to respond.
Twenty days is not a lot of time. It includes weekends and holidays, and it begins running from the date of service, not the date the envelope is opened or an attorney is contacted.
What Happens If the Deadline Is Missed
Failing to respond within 20 days carries serious consequences. The plaintiff can ask the court clerk to enter a clerk's default. Once a default is entered, the defendant loses the right to contest liability and, in most cases, the amount of damages claimed.
From there, the plaintiff can seek a final default judgment. That judgment is enforceable for 20 years and can be used to garnish wages, levy bank accounts, and place liens on real property. The consequences compound quickly and are very difficult to undo after the fact. Vacating a default requires showing excusable neglect, a meritorious defense, and due diligence, and success is far from guaranteed.
Options When Served
A defendant who has been served has several choices. The most straightforward is filing a formal Answer, admitting or denying each allegation and raising any affirmative defenses. Alternatively, a defendant may file a Motion to Dismiss, arguing that the complaint is legally deficient on its face. If the court denies that motion, the defendant then has 10 days to file an Answer.
It is also possible to seek an extension of time. Opposing parties often agree to short extensions by stipulation, and courts will grant additional time when there is good cause. A third option, a Motion for More Definite Statement, may be appropriate when the complaint is so vague that a proper response cannot be formed. However, extensions and procedural motions are never automatic, and waiting too long to act creates its own risks.
Why Acting Immediately Matters
Regardless of whether a lawsuit has merit, ignoring it is never a safe strategy. Even a strong defense can be forfeited if a default is entered before any response is filed. The time to take action is within the first day or two of being served, not the nineteenth.
Borell Law Has the Experience to Help
For more than 36 years, Borell Law has guided Florida families and businesses through civil litigation matters.
This is general information, not legal advice. Every case is unique; consult your Florida attorney first.
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