Served With a Florida Lawsuit? The First 20 Days

If you were served with a Florida civil complaint, you have 20 days from the day you were served — calendar days, not business days — to file a written response with the court. Miss the deadline, and the plaintiff can ask the clerk for a default.

Being served does not mean the case has already been decided. It means a lawsuit has formally reached you and a response deadline has started. What you do during those first days can affect how the case moves forward.

What Does It Mean to Be "Served"?

Service generally means that the summons and complaint have been formally delivered through a legally recognized method.

Depending on the circumstances, this may involve personal service, substitute service, or service on a business through its registered agent.

For a business, the registered-agent information and address maintained through Sunbiz may become particularly important.

Start With the Papers You Received

Before deciding how to respond, identify exactly what was served. Review the summons, complaint, exhibits attached to the complaint, and the date and method of service.

The case documents can also identify whether the matter is pending in county or circuit court.

For Broward County matters, the filing and court information may involve the Seventeenth Judicial Circuit and Florida's electronic filing system.

Five Options to Consider After Being Served

The appropriate response depends on the allegations, procedural posture, documents, and circumstances of the dispute. Options that may need to be considered include:

1. Filing an Answer. An answer responds to the allegations raised in the complaint.
2. Filing an Appropriate Motion. Depending on the circumstances, a motion to dismiss or motion for a more definite statement may be considered.
3. Seeking a Written Extension. In some situations, the parties may agree in writing to additional time to respond.
4. Evaluating Potential Counterclaims. The defendant may have claims arising from the same dispute that should be evaluated before the response is filed.
5. Taking No Action — and Understanding the Risk. Ignoring the lawsuit can expose a defendant to default and potentially other consequences, including contractual attorney-fee exposure where applicable.

If you have been served with a Florida lawsuit, do not wait until the response deadline is approaching.Book an Initial Case Assessment with The Elliot Legal Group to discuss the complaint, the service date, and the issues that may require immediate attention.

What Should You Avoid Doing?

After being served, avoid actions that could unnecessarily complicate the dispute.

• Do not ignore the summons or complaint.
• Do not delete or "clean up" potentially relevant records.
• Do not post publicly about the dispute.
• Do not assume the lawsuit can simply be ignored.
• Do not contact opposing counsel about substantive issues without first considering whether you should obtain legal advice.

What Should You Gather?

Before an Initial Case Assessment, gather:

• The summons and complaint
• The date of service
• Relevant contracts or agreements
• Emails, texts, and other correspondence
• Related business or property records
• Any potentially applicable insurance policy

This allows the dispute and immediate deadlines to be identified more efficiently.

What Happens After a Response?

Once a response is filed, a civil lawsuit may move through additional stages, including discovery, case management, mediation, and potentially trial. The timing and sequence depend on the case.

Our business and real estate litigation attorneys can help evaluate next steps once a response is filed, particularly where the dispute involves a contract dispute. For more on the deadline itself, see our Served With a Lawsuit in Florida page, and for a fuller walkthrough of what follows a response, see our upcoming Florida Civil Lawsuit Timeline for Business Defendants guide.

Initial Case Assessment

The Elliot Legal Group's Initial Case Assessment begins with non-attorney intake followed by an attorney consultation. The purpose is to identify the dispute, immediate deadlines, relevant documents, and legal issues that may require attention.

Frequently Asked Questions

• Can I get more time to respond? Whether additional time is available depends on the circumstances. Any extension should be properly documented and evaluated before relying on it.
• What if I was served at an old address? Questions involving how and where service occurred may affect procedural issues and should be evaluated based on the specific circumstances.
• Do I need a lawyer if the case is in county court? The appropriate approach depends on the type of defendant, claims involved, potential exposure, and procedural requirements.
• What if the amount being claimed is small? The amount claimed is only one consideration. Contract terms, attorney-fee provisions, counterclaims, business consequences, and other issues may also matter.
• Can I countersue? Potential counterclaims depend on the facts and legal claims arising from the dispute and should be evaluated before filing a response.

Take Action Before the Deadline

If your business or property interests are involved in a Florida civil lawsuit, understanding the complaint and the response deadline is an important first step. Book an Initial Case Assessment.

This article is provided for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship with The Elliot Legal Group, P.A. For advice specific to your situation, please schedule a consultation with our office.