What to Do After You’ve Been Served with a Civil Complaint in Florida

Florida Foreclosure Defense Law Firm, P.A.

How to Find the Right Lawyer—and What a Florida Lawyer Can Do for You
Law Offices of Andrew J. Pascale, P.A. | Ormond Beach Law Firm

⏳ Step One: Act Quickly—You Have 20 Days

Under Fla. R. Civ. P. 1.140(a)(1), a defendant served with a complaint must respond with either an answer or a motion to dismiss within 20 calendar days. A failure to respond allows the plaintiff to move for a clerk’s default under Rule 1.500(a), which could lead to a judgment without your side of the story being heard.

📚 Case Example:
In Cabrera v. Bayer, 794 So. 2d 1131 (Fla. 3d DCA 2001), the court affirmed a default judgment after the defendant failed to respond timely—even though there were potentially valid defenses.

🧭 How to Find the Right Florida Civil Defense Lawyer

When the stakes are high, you need fast, knowledgeable representation.

What to look for:
– Experience in Florida civil trial law
– Familiarity with the Florida Rules of Civil Procedure
– Track record in your specific type of lawsuit
– A local presence, especially in Volusia, Flagler, or nearby counties

The Law Offices of Andrew J. Pascale, P.A., based in Ormond Beach, focuses on litigation defense and has experience in trial courts across Florida.

⚖️ What a Florida Lawyer Can Do for You

A skilled civil defense lawyer will:

🔹 File an Answer or Motion to Dismiss
– Under Rule 1.140, you can raise defenses like lack of standing, failure to state a claim, improper venue, or jurisdiction.
– Reynolds v. Sterbank, 899 So. 2d 1123 (Fla. 2d DCA 2005)

🔹 Assert Affirmative Defenses
– Rule 1.110(d): statute of limitations, waiver, estoppel, fraud, or failure of consideration.

🔹 Challenge Service or Jurisdiction
– Sarasota-Fruitville v. Lennar Homes, 890 So. 2d 546 (Fla. 2d DCA 2005)

🔹 Conduct Discovery
– Rules 1.280–1.410

🔹 Move for Summary Judgment
– Rule 1.510
– Doral v. Bermudez, 79 So. 3d 918 (Fla. 3d DCA 2012)

📝 Types of Civil Lawsuits We Defend

  • • Real Estate & Property Disputes: Mortgage foreclosure, HOA foreclosure, Quiet title, Partition, Easement disputes, Adverse possession, Deed fraud, Tax deed litigation
  • • Contract Disputes: Breach of contract, Promissory notes, Performance disputes, Rescission and reformation, Specific performance
  • • Business & Commercial Litigation: Partnership disputes, Fiduciary breach, Franchise issues, Tortious interference, Commercial lease issues
  • • Torts & Personal Liability: Fraud, Defamation, Negligence, Civil theft, Conversion
  • • Probate & Trust Litigation: Will contests, Beneficiary disputes, Elective share claims, Capacity challenges
  • • Debt Collection & Creditor Defense: Collections, Garnishment, Credit card suits, Deficiency judgments
  • • Equity and Injunctions: TROs, Injunctions, Constructive trusts, Equitable liens

🏛️ Why Choose Our Ormond Beach Law Firm

At the Law Offices of Andrew J. Pascale, P.A., we provide clear, aggressive, and informed legal defense to individuals and businesses served with lawsuits across Florida. Whether you’re being sued by a lender, an ex-business partner, or an HOA, we understand how to respond, defend, and resolve disputes efficiently under Florida law.

We protect your:
– Property
– Credit
– Business
– Inheritance
– Legal rights

📞 You Only Have 20 Days—Don’t Wait

If you’ve been served, time is your enemy—but legal strategy is your ally. We offer prompt consultations to assess your lawsuit and chart a defense.

Contact:
Andrew J. Pascale, Esq.
Law Offices of Andrew J. Pascale, P.A.
877-667-1211. 

 This blog does not constitute legal advice and is for informational purposes only.

Client Reviews

I contacted Andrew for assistance with the selling of my business. He was very knowledgeable and explained the process to me during the selling of my shop. The documentation was produced very quickly and accurately which made both parties very comfortable with the process. I would highly recommend...

K.A.

Andrew Pascale was assigned to my cases about 6 years prior. The magnificent work he completed through the years was amazing. He is very detailed and direct with important matters. I felt comfortable with my cases being handled by him. He kept me informed of the status and just what was going on. I...

L.R.

We were having problems with collections in our business. Andy stepped up quickly to take over the process from our last attorney.

J.L.

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