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David D. Welch

David Welch’s Answers

1 total

  • Do I have to appear in person to file an answer to a summons?

    Or can I send someone in my place with the answer form that I have signed and dated..I live in Florida. Thanks

    David’s Answer

    If you have been served with a summons and complaint, it is essential that you respond in a timely manner to prevent a default from being entered against you. The summons itself provides you with instructions as to how to respond, and when. Generally, you have 20 days from the date of service upon you to file a written response with the Clerk of the Court, and to serve a copy upon the plaintiff, or the plaintiff's attorney. It is not necessary for you to personally appear before the Clerk, but it is essential that your written response be placed in the Clerk's file before the expiration of the 20 day period. If no paper is filed on your behalf within the time permitted, the Clerk may enter a default, which could deprive you of the ability to raise defenses to the plaintiff's claims. I agree with my colleagues who have recommended that you promptly seek the advice of counsel, rather than to try to defend yourself.

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