If a person is served papers and does not respond within the 20 calendar days, what happens?
Clearwater, FL
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Posted 10 months ago in Litigation
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If someone is served papers and does not respond within the 20 calendar days, can they still seek legal aid after that 20 days?
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Answers (3)David Luther Woodward
This attorney is licensed in Florida and 1 other state.
Posted 10 months ago.
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The Florida Rules of Procedure allow (not require) a plaintiff to seek a default against a defendant/party that does not file an answer with the clerk. If you think you qualify for legal aid, you should file with the clerk and send to the plaintiff or his lawyer a letter asking for an enlargement of time to consult counsel. Take it to the court house now, not next week, along with a copy for file stamping for your records.
Once the clerk enters a default it is sometimes difficult to the get judge to vacate it. Good Luck Matthew Eric Noyes
This attorney is licensed in Florida.
Posted 9 months ago.
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You can seek legal assistance after the 20 day period. If a Default has been entered against you, you may require the assistance of an attorney to file a Motion to Set Aside the Default. You should seek advice as soon as possible to show the Court that you have done something to fix the problem of not responding within the time period.
Raul A. Arencibia
This attorney is licensed in Florida.
Posted 9 months ago.
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The plaintiff can move for a default against the person not responding within the 20 days.
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