How to answer a debt lawsuit in Florida

Your deadline, the official form if there is one, fees and defenses, and the steps to file your answer.

Checked against official sources: Oct 24, 2026.

Short answer

Small claims: no written answer, but go to court on the date set. County Court civil or Circuit Court: 20 days. Small claims: appear in person (or by video if the court allows) at the pretrial conference; if you file a written defense, you still must appear.

Time to answer
20 days
Official answer form
No official form found

How long you have to answer in Florida

  • Small claims: no written answer, but go to court on the date set.
  • County Court civil or Circuit Court: 20 days.

Small claims: you (or your lawyer) must appear at the pretrial conference on the date and time on your Summons/Notice to Appear; a written answer is not required. County Court civil and Circuit Court: serve a written answer within 20 days after you are served.

Law: Fla. Sm. Cl. R. 7.090(a)-(c); Fla. R. Civ. P. 1.140(a)(1)

In nearby states

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Papers say “Notice to Appear” or give a pretrial conference date: Small claims. Summons says to serve a written answer within 20 days: County Court civil or Circuit Court.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

What can defeat the claim in Florida

Time limits to sue: 5 years for a written contract, 4 years for an unwritten one or a store account, and 3 years for debt for services from a licensed hospital or similar facility (that clock starts when the facility sends the debt to a third party for collection). Other points to check: whether the plaintiff attached the documents its claim is based on and whether a debt buyer gave you the 30-day assignment notice.

Law: Fla. Stat. § 95.11(2)(b), (3)(j), (4); Rule 1.130; Sm. Cl. R. 7.050(a)(1); § 559.715

Florida allows 5 years to sue on a written contract. If the debt is older, say so in your answer: the court usually won't raise it for you.

Debt buyer lawsuits in Florida: the full rules

How you must be served in Florida

Service means officially getting the court papers. Your deadline usually starts that day.

You are served as provided by law (for example, by a sheriff or certified process server). In small claims, if you live in Florida you can also be served by certified mail with a return receipt signed by you or someone authorized at your home or business.

Law: Fla. Sm. Cl. R. 7.070(a); Fla. R. Civ. P. 1.070

How to file your answer in Florida

Small claims: appear in person (or by video if the court allows) at the pretrial conference; if you file a written defense, you still must appear. Civil cases: file your written answer with the clerk and serve a copy on the plaintiff's lawyer.

What answering costs in Florida

If you can't pay the fees

Application for Determination of Civil Indigent Status – apply to the clerk of court to be relieved of filing fees and costs. https://www.flsenate.gov/Laws/Statutes/2026/57.082

Law: Fla. Stat. § 57.082

Mediation and settlement in Florida

In small claims, mediation may take place at the pretrial conference, and any agreement must be written as a stipulation that can be entered as a court order.

Law: Fla. Sm. Cl. R. 7.090(f)-(g)

Steps to answer in Florida

  1. Read the papers

    The summons names the court, the case number and the lawyer suing you. Keep it safe.

  2. Note your last day

    Florida's rule: Small claims: no written answer, but go to court on the date set; County Court civil or Circuit Court: 20 days.

  3. Answer in writing

    File it with the court clerk and send a copy to the plaintiff's lawyer. Keep a copy.

  4. Make them show the paperwork

    A documents request letter asks for the contract and proof of ownership.

Federal rules in every state

  • Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
  • Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)

Where to get free help in Florida

Questions about answering in Florida

What is the deadline to answer a debt suit in Florida?

Small claims: you (or your lawyer) must appear at the pretrial conference on the date and time on your Summons/Notice to Appear; a written answer is not required. County Court civil and Circuit Court: serve a written answer within 20 days after you are served.

What do I file to answer in Florida?

Small claims: appear in person (or by video if the court allows) at the pretrial conference; if you file a written defense, you still must appear. Civil cases: file your written answer with the clerk and serve a copy on the plaintiff's lawyer.

Can Florida courts waive my fees?

Application for Determination of Civil Indigent Status – apply to the clerk of court to be relieved of filing fees and costs. https://www.flsenate.gov/Laws/Statutes/2026/57.082

Related Florida pages

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources
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