Legal Question in Civil Litigation in Florida

I was served a summons to serve a written defense of plaintiff's complaint. I submitted my response with clerk of circuit court I then received a motion for clerk's default for failure to serve papers or file any paper as required by law What is my next step

Asked on 4/11/11, 7:16 am

2 Answers from Attorneys

Philip Duvalsaint Philip A. Duvalsaint, P.A.

The Summons explains all that must be done. Your answer should be filed within 20 days of service. In addition, you must serve your answer on the plaintiff or their attorney if they are represented. Sometimes, through error, a clerks default will issue even though an answer has been filed. Send the plaintiff a letter letting then know that the answer was timely filed and ask them to agree to an order setting aside the clerk's default. Otherwise, file a motion asking the court to set aside the default and include a proposed order. Make sure to serve the plaintiff as well.

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Answered on 4/11/11, 5:05 pm

David Slater David P. Slater, Esq.

Call the clerk and find out why they filed the default.

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Answered on 4/16/11, 5:58 am

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