Many individuals have little to no understanding of the Courts and the Courts System. The Courts must follow guidelines which are set out in civil actions by the Rules of Civil Procedure. These rules set out time frames for the service of motions and other responses to civil actions filed with the Courts.

When an individual is served by a process server with a civil action that has been filed against that individual, such must be responded to, in most instances, within 20 days from the date of service. Service of process can be defined as that moment in time when an individual, under the authority of the law, places in the hands of the individual being sued, a copy of the papers, which have contained therein, the written allegations supporting the suit. The individual suing is referred to as the Plaintiff. The individual who is served as referenced above is called the Defendant.

Civil actions are brought before the Court and are categorized by the monetary amount the Plaintiff is seeking to recover from the Defendant. In Duval County, Florida, such actions are broken down as Summary Procedures (SP), County Court (CC), and Circuit Court (CV). Any civil action under $2,500.00 would be considered a Summary Procedure case. Summary Procedure cases have there own set of rules and require a personal appearance to be made by both the Plaintiff and the Defendant to keep the action from being dismissed. Any civil action $2,500.00 to $14,999.99 would be considered a County Court case, and the Rules of Civil Procedure are applicable. An action filed in County Court is commonly referred to as a "Claim." Any civil action $15,000.00 and above would be considered a Circuit Court case and the Rules of Civil Procedure would also apply. An action filed in Circuit Court is commonly referred to as a "Complaint."

Failure on the part of the Defendant to timely respond to the Plaintiff's complaint or claim within the 20 day time period can cause the Plaintiff to gain a "default" from the Clerk of the Court against the Defendant. A "default" is entered by the Clerk of the Court and upon its entry the Defendant is deemed to have admitted all of the allegations contained in the Plaintiff's complaint. Unless good cause can be shown as to why the Defendant failed to timely respond to the Plaintiff's complaint or claim, such default will not be overturned.

After the entry of the default, the Plaintiff may apply for the entry of a final judgment based thereon. A final judgment will be entered which will likely grant to the Plaintiff all the relief the Plaintiff has requested in the Plaintiff's complaint or claim. A final judgment is good in the State of Florida for a period of 20 years and will be a lien against all real property owned by the Defendant if recorded properly within the County that such property is located. The final judgment can be used to levy against property such as cars, boats, and real estate (not homestead), as well as be used to garnish bank accounts and wages. A final judgment can also affect the Defendant's credit history and future ability of obtain financing of loans.

Most Defendants choose not to respond to a Plaintiff's complaint or claim filed against them and properly served upon them. The result is as mentioned above. A simple answer, reply, or appearance can prevent a default and the subsequent entry of final judgment based thereon. If you are being sued for any reason, you should respond or seek help from an attorney to respond on your behalf. Even if you feel the complaint is unfounded, you should respond. The lack of a response would be used as proof that the Plaintiff's complaint was well taken. Your failure to deny the allegations of the Plaintiff's complaint or claim would be taken as an admission of the truth of the Plaintiff's allegations.