Palm Beach Florida Answer and Counterclaim to Confirm Title
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How to fill out Answer And Counterclaim To Confirm Title?
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FAQ
Under Florida Rule of Civil Procedure 1.140(a), a defendant must serve an answer within 20 days after service of original process and the initial pleading on the defendant. Therefore, a defendant has 20 days to file an answer with the clerk of court where the action is pending after the defendant is personally served
If the defendant does not reply to your claim, you can ask the court to enter judgment 'by default' (that is, make an order that the defendant pay you the amount you have claimed because no reply has been received). You should do this as soon as possible after the 14 days have passed.
The answer is the part that responds to the plaintiff's allegations; the counterclaim is where the defendant has a chance to set forth his or her own allegations, and request his or her own relief.
In Florida, you have only 20 days to respond by filing an Answer. You can respond with either an Answer document or a Motion; usually, you'll want to respond with an Answer document. If you don't respond within the 20 day period, you will automatically lose your case by default judgment.
(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 should respond to the counterclaim as though it were a Statement of Claim and you were drafting a Defence: respond to every paragraph you can do this paragraph by paragraph if necessary; deny any allegations of fact that you do not admit you will be deemed to admit facts that you forget to plead to; and.
After you file an answer with the court The court clerk will give or mail you a court date for you and the plaintiff to come back to court. This will probably be for a Case Management Conference or a Pre-Trial Hearing.
What Do I Say in My Answer? Read the complaint or petition to see why you are being sued and what the person wants the court to do. Then write a response to each numbered paragraph of the complaint or petition. Every allegation in a complaint is usually given a number.
Writing Your Response For each point that you admit or deny, include a brief reason why. An example would be if the plaintiff alleged you never paid back a loan you've already repaid. You can include any affirmative defense at the end of these responses, such as the statute of limitations nullifying the complaint.
Examples of counterclaims include: After a bank has sued a customer for an unpaid debt, the customer counterclaims (sues back) against the bank for fraud in procuring the debt. The court will sort out the different claims in one lawsuit (unless the claims are severed).