Legal Question in Civil Litigation in Florida

Summons & Legal Counsel

I received a summons by my former employer who wants me to pay for a company car he purchased (a 1 year lease) at a benefit auction almost two years ago. I never asked him to pay, I offered to pay and he handed me the check back and said no, it was part of our partnership. Now 1 1/2 years later, and the car has been returned, he is suing me for the money because he is in financial trouble. How do I submit my answer to the summons? Must it be formal or just my side of the story w/ a copy of the check he handed back to me?


Asked on 3/02/09, 10:21 am

2 Answers from Attorneys

John DeLancett Law Offices of John DeLancett, PL.

Re: Summons & Legal Counsel

The best advice that anyone can give you is to seek legal representation as soon as possible. If you file your own answer, without understanding the legal implications, you may make damaging admissions against yourself. There may also be deficiencies in the complaint or method of service. You may have legal defenses that must be raised in your initial response. Do yourself a favor and go meet with an attorney.

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Answered on 3/02/09, 10:28 am
Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

Re: Summons & Legal Counsel

Unfortunately, you are being sued and are a defendant in a civil lawsuit. Since you have been served, you now have to file an answer or other responsive document, and must do so within 20 days or you risk having a default entered against you.

Therefore, you have to file an answer. This means you have to admit or deny each specific allegation in the complaint. If you have any affirmative defenses, you must plead those, too, or you waive them.

You should not simply tell the Judge your side of the story. It is too early in the process, and the Judge will not be able to do anything with that information.

While you can take this task on yourself, I would not suggest you do so. You need an attorney to defend you against the lawsuit and protect your interests.

If you have any additional questions, please do not hesitate to contact me.

Good luck.

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Answered on 3/02/09, 10:45 am


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