What Does It Mean to Be "Served"?

“Being served” means you have officially received legal documents notifying you that someone has filed a legal action against you. These documents may include:

• A summons (which demands your response)
• A complaint or petition (explaining the claim against you)
• A notice of hearing (in some cases)

Florida law requires that these documents be delivered to you personally (or in some cases, someone at your home). Once you’re served, you’re legally expected to respond within a set period — and that period depends on the type of case.

Florida Response Deadlines by Case Type

Understanding your timeline is crucial. Missing your deadline can result in a default judgment — meaning the court could automatically rule in favor of the other party.

1. Civil Cases (e.g., breach of contract, personal injury, debt collection)

• Response Time: 20 calendar days from the date you are served.
• What to Do: File a written answer or a motion with the court. If you don’t, the plaintiff can request a default.

2. Family Law Cases (e.g., divorce, custody, child support)

• Response Time: Typically 20 calendar days, but check your summons.
• What to Do: You must file an Answer and potentially a Counterpetition if you have your own requests (e.g., for child custody or property division).

3. Eviction Cases

• Response Time: 5 calendar days (excluding weekends and holidays) from the date you're served.
• What to Do: File a written response and, if applicable, deposit unpaid rent with the court. Failing to do both could result in immediate eviction.

4. Small Claims Court (disputes under $8,000)

• Response Time: Varies — often a specific hearing date will be provided on the summons.
• What to Do: You may not need to file a written response, but you must appear in court. If you don’t, the other party could win automatically.

General Steps to Take After Being Served

No matter what type of case it is, follow these steps immediately:

1. Read the Documents Carefully

• Identify who is suing you, what they want, and when you must respond.
• Look for any attached court dates or requirements to respond in writing.

2. Don’t Ignore It

Ignoring legal documents won’t make them go away. Failing to respond can lead to serious consequences — including judgments, wage garnishments, eviction, or loss of custody rights.

3. Contact an Attorney ASAP

A lawyer can:

• Review the paperwork and explain what it means
• Help you file the correct legal response
• Represent you in court, if needed
• Negotiate settlements or dismissals when possible

Even if you think the claim is minor or unfair, it's best to get legal advice early.

4. Gather Documents

Start collecting any evidence related to the case. This could include:

• Emails, contracts, and invoices
• Lease agreements or photos (in eviction cases)
• Custody agreements or financial records (in family cases)

What Happens if You Don’t Respond?

If you don’t respond within the time required, the other party can request a default judgment. This means the court could decide the case without hearing your side — and you may have limited options to reverse it later.

Need Help Responding to Legal Papers in Florida?

Being served is serious — but you don’t have to handle it alone. At Law Offices of Adam G. Hill, we help clients across Florida respond to lawsuits, eviction notices, family law petitions, and more.

We’ll make sure your response is timely, professional, and legally sound — so you’re not left guessing or risking a default judgment.

Call us today for a free consultation to get started.

 

 

Categories: Civil Law, Family Law, Florida Law, Legal Advice
Tags: Served with Papers, Florida Court Deadlines, Legal Defense, Landlord Tenant Law, Family Law, Civil Lawsuit