What if I get served with a summons and complaint?
A summons is issued by the clerk of court commences the
plaintiff's action, and requires the defendant to answer the complaint. A defendant has 20 days to file an answer to the complaint.
What happens if I ignore or fail to respond to a lawsuit?
The court will enter a default judgment. A default judgment is a judgment for the plaintiff after the defendant fails to file a timely answer to the complaint.
What is the difference between small claims, county court, and circuit court?
In small claims the amount at issue or the amount of the claim
is between $0 and $5,000. In county court, the amount of the claim is between $5,000 and $15,000. All claims over $15,000 are in circuit court.
How can I do my own research of the Florida Statutes?
How long should I wait before contacting a lawyer?
You should contact a lawyer immediately to avoid the risk of having
your claim barred by the statute of limitations. The statute of limitations is a statute establishing a time limit for filing a civil case, based on the date when the
claim accrued.
What happens if a judgment is entered against me or against my company?
A judgment is a court's final determination of the rights and
obligations of the parties in a case. A judgment may be reversed on appeal where a higher court reviews a trial court's decision for possible reversible error.
What is the usual course of a lawsuit?
Generally in a civil lawsuit, the plaintiff asks a court to order the
defendant either to pay money damages or to perform a specific action. Initially, the plaintiff files a complaint indicating that the plaintiff is asking for damages or
relief from a specific defendant.
The defendant files an answer addressing the facts and the legal claims in the complaint. Thereafter, the parties appear before the signed
judge. The parties exchange information and documents related to the claim and defenses asserted in the answer, during discovery which is the next phase. Depositions may
also be conducted during discovery. During discovery, the parties may present their argument for trial and the basis for the arguments to the judge through pre-trial
conferences. After the pre-trial conferences, the matter is ready to go to trial. At this phase, the parties may reach a settlement and end the case. If a settlement is not reached, the matter goes to trial.
At the trial, the plaintiff presents evidence to either a judge or to a group of citizens in a jury trial. Thereafter, the
defendant may present the defense side of the case. However, the plaintiff has the burden of proving his/her case. If the judge or jury
finds for the plaintiff, the court will award damages or order the defendant to perform a specific act.
Thereafter, the defendant or plaintiff may file an appeal and the
case goes to appellate court. The appellate court may dismiss the appeal, or reverse the order, or send it back to the trial court with instructions to correct legal errors
