Full question:
How do I write a response to a summon for breach of contract and breach of guaranty?
- Category: Contracts
- Subcategory: Breach of Contract
- Date:
- State: Florida
Answer:
You should consult an experienced attorney to handle a summons properly. A summons notifies you that you have been sued and outlines the need for a response. The complaint details the reasons for the suit. To defend yourself and participate in court, you must file an answer within the timeframe stated in the summons, typically twenty days from when you are served. Count every day, including weekends. If you fail to respond by the deadline, the plaintiff may win a default judgment against you.
Read the complaint to understand why you are being sued and what the plaintiff seeks. Your answer should respond to each allegation, either admitting, denying, or stating you cannot admit or deny due to lack of knowledge. You can also raise defenses or file a counterclaim. Number your answer to match the numbered paragraphs of the complaint. Include any additional facts in new numbered paragraphs under the heading “Answer.”
Fill in the required information, such as the names of the parties and the case number. At the end of your answer, specify how you will deliver a copy to the plaintiff (either in person or by mail), and then sign and date it. If you attach important documents, list them under “Attachments” above your signature.
Make at least two copies of your completed answer. The original, along with any attachments, should be filed with the Clerk of the Court where the lawsuit was initiated. Check the summons to determine whether it was filed in County or Circuit Civil Court. After filing, the court will notify you of any hearings. Mail one copy to the plaintiff or their attorney, using the address provided on the summons. Keep a copy for your records.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.