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Sued in small claims court and I invoked the rules of civil procedure. Am I required to file an answer now?

Fort Lauderdale, FL |

Does invoking the rules of civil procedure require the defendant to file an answer in a small aims case?

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Attorney answers 2


Yes. If you want the other side to follow the rules, you have to follow them too. All of them.

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If you have already attended the pretrial conference, and the order invoking the rules does not resolve this, there may be no sanction if you do not. If you want to create a clear record and comply with the civil procedure rules as if they had been invoked at the very outset, you can file an answer, including any applicable affirmative defenses and counterclaims, at least compulsory ones.

There is no substitute for the professional advice of an attorney who knows your case and represents you. My post is not, and may not be relied on as, legal advice and does not create an attorney-client relationship. Best wishes for a just and expeditious resolution.