Florida Sample Letter for Summons by Publication
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FAQ
In Florida, ing to Rule of Civil Procedure 1.070 (j), a complaint must be served on the defendant within 120 days of its filing. If it is not served within the time frame specified, a motion to dismiss is appropriate, and the case is dismissed without prejudice.
Personal Service: You can tell someone else to personally deliver or serve the copies. The server must be older than 18 and may not be a party in the case. The server must then complete and sign the back of the original summons form and return it to you so you can file it with the court.
If you don't respond you will face the consequence of being defaulted, meaning that your rights and your stance in the matter will not be considered by the court.
Answering the lawsuit can be as simple as drafting a document and writing 'admit' or 'deny' or ?without knowledge? in correlation to each numbered paragraph in the summons. Your answer to the lawsuit must address every allegation individually.
Constructive service or substituted service of process may be effected as provided by law. Service of process on Florida residents only may also be effected by certified mail, return receipt signed by the defendant, or someone authorized to receive mail at the residence or principal place of business of the defendant.
In Florida, service by publication should be made in a court-approved newspaper. The Notice of Action must be published for 4 consecutive weeks (28 days). Request the court to proceed in default.
(1) Unless a different time is prescribed in a statute of Florida, a defendant must serve an answer within 20 days after service of original process and the initial pleading on the defendant, or not later than the date fixed in a notice by publication.
You must fill out an Answer, serve the plaintiff, and file your Answer form with the court. Generally, this is due within 30 days after you were served. If you don't, the plaintiff can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.
