How to File an Answer - Jacksonville Area Legal Aid
CONSUMER RESOURCES
All laws are subject to change without notice. This information is based on Florida law only and is NOT intended
to be legal advice.
HOW TO ANSWER A COMPLAINT
If you are served with a Complaint and are required to file a written response, you may want to file what's called an Answer. The Answer is your opportunity to respond to the arguments in the Complaint and to explain your side of the situation.
1. Your answer must be in writing and must be filed (received) on time with the Clerk of Courts at the Courthouse of the County listed at the top of the Summons (For example, Duval County Courthouse, etc.). The Sheriff or Process Server should have stamped the Summons with the date and time of service to show when you received the papers.
For eviction cases, you have five days after the Summons was served on you (not including weekend days, holidays, and the day your were served. Note that you might also have to deposit rent with the court in order to avoid a default judgment. For most other matters, you have 20 calendar days from the date the Summons was served to answer, including weekends and holidays.
2. A form to file your Answer is attached to these instructions. Copy the following information from the top of the Summons onto the Answer form:
The Plaintiff's Name (the person or parties that filed the lawsuit against you) Defendant's name(s) (your name(s)) The Name of the Court The Case Number and Division
3. On the Answer form, write out what you agree with or disagree with for each paragraph of the Complaint. Common responses are listed below:
Paragraph 1 of the Complaint is Admitted (if you know the information is true) Paragraph 2 of the Complaint is Denied (if you know the information is untrue) Defendant is without knowledge as to Paragraph 8 of the Complaint (if you do not know if the information is true or untrue)
You need to answer each paragraph in the Complaint. Use the Line next to "comments" under each paragraph for additional information you want the Judge to know. The Answer is your side of the story, in response to what the Petitioner or Plaintiff has said in each paragraph of the Complaint or Petition.
4. You can also write out any other information that you want the Judge to know, even if it is not directly related to the Complaint.
5. You can attach copies of any documents you wish to offer as "proof" of your side of the story -- For example, copies of receipts, or other documents.
Jacksonville Area Legal Aid is sorry it can't be of more assistance at this time. Please feel free to come again should you have other legal problems. Jacksonville Area Legal Aid wishes you the best of luck in the future.
Jacksonville Area Legal Aid 126 W. Adams St.
Jacksonville, FL 32202 904-356-8371
CONSUMER RESOURCES
All laws are subject to change without notice. This information is based on Florida law only and is NOT intended
to be legal advice.
6. Fill in the Certificate of Service on the last page of the Answer with the name and address of the person who filed the Complaint (Plaintiff), or the name and address of the attorney for the Plaintiff. The name will be on the Summons you received. Place the date you mailed a copy of your Answer to them in the space provided.
7. Make two copies of your written Answer: One copy is for your records, the other copy is to be mailed to the person listed on the Certificate of Service. Take the original Answer to the Clerk of Court for the County listed at the top of the Summons.
You will receive a notice of hearing and be notified about the progress of the case. You must attend all hearings and tell the Court your position on the issue(s). When attending a Hearing, be certain to dress appropriately, be on time, and show respect for the Judge and the Court.
8. If an offer to settle is made before you have filed your Answer, file your Answer FIRST, then negotiate a settlement.
9. Other assistance is available. Most County Courthouses have a law library. You may ask the librarian to direct you to the correct Florida Statutes. You may also ask the Librarian to help you find accurate forms available through the Supreme Court Approved Simplified Forms. These forms also provide useful information and instructions.
NOTE: Neither the Clerk of Courts nor the Plaintiff's/Petitioner's attorney can give you legal advice. If you want to contact a private attorney, you may call the Florida Bar Lawyer referral Service at 904-399-5780.
Jacksonville Area Legal Aid will NOT appear as your attorney. These forms are provided as a courtesy ONLY.
Jacksonville Area Legal Aid is sorry it can't be of more assistance at this time. Please feel free to come again should you have other legal problems. Jacksonville Area Legal Aid wishes you the best of luck in the future.
Jacksonville Area Legal Aid 126 W. Adams St.
Jacksonville, FL 32202 904-356-8371
CONSUMER RESOURCES
All laws are subject to change without notice. This information is based on Florida law only and is NOT intended
to be legal advice.
Jacksonville Area Legal Aid will NOT appear as your attorney. These forms are provided as a courtesy ONLY.
IN THE ____________________ COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR __________ COUNTY
______________________________, Petitioner/Plaintiff
v.
CASE NO.:_______________ DIVISION: _______________
______________________________,
Defendant/Respondent
______________________________________________________________/
ANSWER
I/We, ________________________________, answer the Complaint or Petition for __________________________________, as follows:
1. Paragraph _________ is admitted / denied / without knowledge
COMMENTS:_________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ _________
2. Paragraph _________ is admitted / denied / without knowledge
COMMENTS:_________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________
Jacksonville Area Legal Aid is sorry it can't be of more assistance at this time. Please feel free to come again should you have other legal problems. Jacksonville Area Legal Aid wishes you the best of luck in the future.
Jacksonville Area Legal Aid 126 W. Adams St.
Jacksonville, FL 32202 904-356-8371
CONSUMER RESOURCES
All laws are subject to change without notice. This information is based on Florida law only and is NOT intended
to be legal advice.
_________
3. Paragraph _________ is admitted / denied / without knowledge
COMMENTS:_________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ _________
4. Paragraph _________ is admitted / denied / without knowledge
COMMENTS:_________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ _________
5. Paragraph _________ is admitted / denied / without knowledge
COMMENTS:_________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ _________
6. Paragraph _________ is admitted / denied / without knowledge
COMMENTS:_________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ _________
7. Paragraph ________ is admitted / denied / without knowledge
COMMENTS:_________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ _________
8. Paragraph ________ is admitted / denied / without knowledge
Jacksonville Area Legal Aid is sorry it can't be of more assistance at this time. Please feel free to come again should you have other legal problems. Jacksonville Area Legal Aid wishes you the best of luck in the future.
Jacksonville Area Legal Aid 126 W. Adams St.
Jacksonville, FL 32202 904-356-8371
CONSUMER RESOURCES
All laws are subject to change without notice. This information is based on Florida law only and is NOT intended
to be legal advice.
COMMENTS:_________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ _________
9. Paragraph ________ is admitted / denied / without knowledge
COMMENTS:_________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ _________
10. Paragraph ________ is admitted / denied / without knowledge
COMMENTS:_________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ _________
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing was mailed/hand delivered by ________________________________ to _______________________________________ at ___________________________________________________________________________ on ____________________, 20____.
_________________________________ Signature
Address: __________________________ __________________________
Phone: _________________________________
Jacksonville Area Legal Aid is sorry it can't be of more assistance at this time. Please feel free to come again should you have other legal problems. Jacksonville Area Legal Aid wishes you the best of luck in the future.
Jacksonville Area Legal Aid 126 W. Adams St.
Jacksonville, FL 32202 904-356-8371
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