How do I write a response to a summon for breach of contract and breach of guaranty?

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: 04/07/2025
• State: Florida

Answer:

You should consult with an experienced attorney to be sure you appropriately handle a summons.

A summons notifies you that you have been sued and informs you that you must respond to the lawsuit. A complaint sets forth the reason and basis for the suit. If you do not want to lose your right to defend yourself and participate in the court proceedings, you must file an answer within the time frame stated in the summons.

Generally, summonses will give you twenty (20) days to file your answer. Count twenty days starting with the day after you are served, and count every day, including Saturdays and Sundays. If you do not respond or meet the deadline, the person filing the lawsuit will win a judgment against you. This is called a default. There are some limited circumstances where a default can be challenged. One of them is if you were not properly notified of the lawsuit and did not have a chance to respond.

Read the complaint or petition to see why you are being sued and what the person wants the court to do. Then write a response. An answer is a legally sufficient response to the allegations that have been alleged against you in the complaint. The answer will generally either admit or deny each claim made by paragraph, or state an inability to admit or deny for lack of knowledge. Defenses may also be raised. A counterclaim or cross claim may also be asserted.
It is best to respond to each numbered paragraph of the complaint or petition. Every allegation in a complaint is usually given a number. You should number your answer the same way. If you have other facts that you want the judge to know, add additional numbered paragraphs. Place your responses under the heading “Answer.” After you have written your responses be sure to fill in the other blanks such as the names of the parties and the case number. Finally, look at the very last paragraph of the answer and choose how you will give a copy to the party filing the lawsuit (either hand-deliver or mail), then sign and date the answer.

If you are attaching any copies of important documents, write the names of these documents under the heading “Attachments” at the bottom of the page (above your signature). Make at least two copies of your completed answer. The original, with any attachments, goes to the Clerk of the Court where the lawsuit was filed. Look at the top of the summons to see if it was filed in the County or Circuit Civil Court. Once your original is filed, the court will keep you advised of all hearings so that you can continue with your defense. You must mail one copy (with any attachments) to the plaintiff or the plaintiff’s attorney. Look at the name and address on the summons to see where to send the plaintiff’s copy. Keep one copy in a safe place for your records.