Florida Answer to a Complaint

Q: What happens if I miss the deadline to answer in Florida?

If you fail to file or serve any document after the time to respond has expired, the plaintiff can move for a default and the clerk must enter it under Fla. R. Civ. P. 1.500(a), which can lead to a default judgment. You may be able to set the default aside within a reasonable time, but not more than 1 year, under Fla. R. Civ. P. 1.540(b) by showing mistake, inadvertence, surprise, or excusable neglect. The reliable path is to answer on time.

Q: Can I file a counterclaim with my Florida answer?

Yes. Under Fla. R. Civ. P. 1.170(a) and (b), a counterclaim against the plaintiff is compulsory if it arises out of the same transaction or occurrence as the plaintiff's claim, and permissive otherwise. You raise it in the same pleading as your answer. Filing a counterclaim or crossclaim is the situation where a filing fee applies.

Answer a Florida complaint within 20 calendar days under Fla. R. Civ. P. 1.140(a)(1). DocDraft drafts it, attorney review available.

Introduction

A Florida Answer to a Complaint is the written response you file after you are served with a civil summons and complaint. It admits or denies each numbered allegation, raises the affirmative defenses you intend to rely on, and, if you have a related claim of your own, can include a counterclaim. In a general civil case, Fla. R. Civ. P. 1.140(a)(1) gives you 20 calendar days after service of original process and the initial pleading to serve your answer. Florida does not publish a single mandatory statewide answer form, so the answer is a typed pleading. It must be letter-sized, in 12-point or larger font, with 1-inch margins and the required caption naming the court, the parties, and the case number under Fla. R. Civ. P. 1.100 and Fla. R. Gen. Prac. & Jud. Admin. 2.520. You file it with the clerk of the court named in the summons, which is the County Court for claims up to $50,000 or the Circuit Court for claims over $50,000, and serve a copy on the plaintiff. Miss the deadline and the plaintiff can move for a clerk's default under Fla. R. Civ. P. 1.500(a). DocDraft drafts a Florida-formatted answer from your facts, with attorney review available before you file.

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Key Things to Know

1
Your deadline is 20 calendar days. In a general civil case, Fla. R. Civ. P. 1.140(a)(1) requires you to serve your answer within 20 days after service of original process and the initial pleading on you.
2
There is no statewide answer form. Florida does not publish a mandatory statewide answer form, so you file a typed pleading rather than filling in a court-issued blank.
3
Format the pleading correctly. The answer must be typed, letter-sized at 8.5 by 11 inches, in 12-point or larger font, with 1-inch margins and the required caption naming the court, parties, and case number under Fla. R. Civ. P. 1.100 and Fla. R. Gen. Prac. & Jud. Admin. 2.520.
4
File in the right court. File with the clerk of the court named in the summons. County Court hears claims up to $50,000 and Circuit Court hears claims over $50,000.
5
There is no fee to file an answer. Filing a responsive pleading costs $0. A fee applies only if you file a counterclaim or crossclaim, and you can request a waiver using the Application for Determination of Civil Indigent Status.
6
Other case types move faster or differently. Small claims under $8,000 requires no written answer because you appear at the pretrial conference under Fla. Sm. Cl. R. 7.090(c), and an eviction answer is due in 5 business days under Fla. Stat. § 51.011(1).
7
Know the Florida defenses and counterclaim rule. Common affirmative defenses include statute of limitations, payment, release, and fraud, and the statute of limitations on a written contract is 5 years under Fla. Stat. § 95.11(2)(b). A counterclaim arising from the same transaction is compulsory under Fla. R. Civ. P. 1.170(a).

Key decisions before you file

Before you file a Answer to a Complaint in Florida, a few decisions shape the document: which option to choose and what each one means. The Answer to a Complaint guide walks through them.

Open the Answer to a Complaint guide

Customize your Answer to a Complaint Template with DocDraft

IN THE [CIRCUIT / COUNTY] COURT OF THE [JUDICIAL CIRCUIT], IN AND FOR [COUNTY] COUNTY, FLORIDA

[PLAINTIFF NAME], Plaintiff, v. Case No. [CASE NUMBER] [DEFENDANT NAME], Defendant.

ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM

Defendant [DEFENDANT NAME] answers the Complaint of Plaintiff [PLAINTIFF NAME] as follows. (This is a typed pleading; Florida does not publish a mandatory statewide answer form. Use letter-sized paper, 12-point or larger font, and 1-inch margins under Fla. R. Civ. P. 1.100 and Fla. R. Gen. Prac. & Jud. Admin. 2.520.)

RESPONSES TO ALLEGATIONS

In response to paragraph 1 of the Complaint, Defendant [admits / denies / is without knowledge and therefore denies] the allegations.
In response to paragraph 2 of the Complaint, Defendant [admits / denies / is without knowledge and therefore denies] the allegations. [Continue for each numbered paragraph of the Complaint.]

AFFIRMATIVE DEFENSES First Affirmative Defense: [e.g., the claim is barred by the 5-year statute of limitations on a written contract under Fla. Stat. section 95.11(2)(b)]. Second Affirmative Defense: [e.g., the alleged debt has been paid]. [Add each affirmative defense you intend to rely on, such as statute of limitations, payment, release, fraud, accord and satisfaction, or waiver.]

COUNTERCLAIM (if any) [State any claim you have against the Plaintiff. Under Fla. R. Civ. P. 1.170(a) a counterclaim arising out of the same transaction or occurrence is compulsory and must be pleaded; a counterclaim from an unrelated matter is permissive under Rule 1.170(b). A filing fee applies to a counterclaim.]

WHEREFORE, Defendant requests that the Court enter judgment in Defendant's favor, deny the relief sought in the Complaint, award costs, and grant any further relief the Court deems just.

CERTIFICATE OF SERVICE I certify that on [DATE] a copy of this Answer was served on [PLAINTIFF / PLAINTIFF'S ATTORNEY] at [EMAIL / ADDRESS] by [e-mail / US mail / hand delivery] under Fla. R. Gen. Prac. & Jud. Admin. 2.516.

Dated: [DATE] [SIGNATURE] [DEFENDANT NAME], Defendant [ADDRESS / PHONE / EMAIL]

Florida Requirements for Answer to a Complaint

20-Day Answer Deadline
In a general civil case, Fla. R. Civ. P. 1.140(a)(1) requires you to serve your answer within 20 calendar days after service of original process and the initial pleading on you. An eviction answer is due in 5 business days under Fla. Stat. section 51.011(1).
Typed Pleading, No Statewide Form
Florida does not publish a mandatory statewide answer form. Prepare a typed pleading that is letter-sized at 8.5 by 11 inches, in 12-point or larger font, with 1-inch margins under Fla. R. Civ. P. 1.100 and Fla. R. Gen. Prac. & Jud. Admin. 2.520.
Court Caption
Include the required caption naming the court, the parties, and the case number under Fla. R. Civ. P. 1.100 and Fla. R. Gen. Prac. & Jud. Admin. 2.520. The case is in County Court for claims up to $50,000 or Circuit Court for claims over $50,000.
File With the Clerk of Court
File the answer with the clerk of the court named in the summons. You can file in person, by mail, or through the Florida Courts E-Filing Portal, which is mandatory for attorneys and optional for self-represented litigants under Fla. R. Gen. Prac. & Jud. Admin. 2.525(d)(3).
Serve the Plaintiff
Serve a copy of the answer on the plaintiff or the plaintiff's attorney by e-mail if a designated e-mail address exists, by US mail, or by hand delivery, and include a certificate of service under Fla. R. Gen. Prac. & Jud. Admin. 2.516.
No Answer Fee, Waiver If Needed
There is no fee to file a responsive pleading or answer in Florida; a fee applies only if you file a counterclaim or crossclaim. If you cannot afford a required fee, request a waiver using the Application for Determination of Civil Indigent Status, based on income below 200% of poverty guidelines or receipt of public benefits.
Applicable Affirmative Defenses
Raise the affirmative defenses you intend to rely on, such as statute of limitations, payment, release, fraud, accord and satisfaction, or waiver. The statute of limitations on a written contract is 5 years under Fla. Stat. section 95.11(2)(b).
Counterclaim If Any
If you have a claim against the plaintiff arising out of the same transaction or occurrence, it is a compulsory counterclaim you must plead under Fla. R. Civ. P. 1.170(a); an unrelated claim is permissive under Rule 1.170(b). A filing fee applies to a counterclaim.

Frequently Asked Questions

How long do I have to answer a complaint in Florida?

What form do I use to answer a complaint in Florida?

Where do I file my answer in Florida?

How much does it cost to file an answer in Florida?

What happens if I miss the deadline to answer in Florida?

Can I file a counterclaim with my Florida answer?

Introduction

Key Things to Know

Key decisions before you file

Customize your Answer to a Complaint Template with DocDraft

Florida Requirements for Answer to a Complaint

20-Day Answer Deadline

Typed Pleading, No Statewide Form

Court Caption

File With the Clerk of Court

Serve the Plaintiff

No Answer Fee, Waiver If Needed

Applicable Affirmative Defenses

Counterclaim If Any

Frequently Asked Questions