File a Civil Answer With Duval Clerk of Courts in Florida

You’ve been served with a lawsuit in Duval County, Florida. Now you need to respond quickly to protect your rights.

Florida law gives you 20 days to file an answer after being served. Missing this deadline allows the court to enter a default judgment against you. A default judgment lets creditors garnish your wages or place liens on your property.

You can defend yourself by filing a proper civil answer. Our partner Solo helps defendants respond to debt collection lawsuits effectively.

Understanding Your Summons and Complaint

The summons notifies you that someone has sued you. The complaint explains why they’re suing and what they want.

Read every word of the complaint carefully. Identify each numbered allegation. You must respond to every single one.

Your answer prevents the plaintiff from winning automatically. You have rights as a defendant. Use them.

How to Draft Your Answer

Your answer must address each allegation in the complaint. Number your responses to match the complaint’s numbered paragraphs.

You have three basic response options for each allegation:

• Defendant admits the allegation
• Defendant denies the allegation
• Defendant denies the allegation for lack of knowledge

You don’t need to explain why you deny something. A simple denial is enough.

Florida law requires your denials to meet the substance of each allegation. If you don’t deny something specifically, the court assumes you admit it.

Answer every allegation. Silence equals admission in Florida courts.

Including Affirmative Defenses

Affirmative defenses acknowledge facts but introduce new issues that defeat the plaintiff’s claim. Common defenses include statute of limitations, payment, and lack of standing.

Florida Rule 1.140(h) says you waive defenses not included in your answer. Include every defense that might apply to your case.

Some defenses require more detail. Fraud or mistake claims need specific facts. If you claim the plaintiff lacks capacity to sue, provide supporting documentation.

You can argue that discovery is ongoing if pressed for facts. Courts may strike defenses without factual support, but you can ask permission to amend.

Our partner Solo helps you identify which affirmative defenses apply to your debt lawsuit.

Required Information for Your Answer Form

The caption section must include specific information copied exactly from the summons:

• Plaintiff’s name exactly as written in the complaint
• Your name as defendant
• Case number and division
• Court name

Copy this information carefully. Incorrect details lead to rejected filings.

Call the Clerk of Court’s office if you’re unsure. Verify the initial filing details before submitting.

Formatting Your Response

Create numbered paragraphs matching the complaint’s format. Here’s an example for five allegations:

1. Defendant denies the allegation.
2. Defendant denies the allegation for lack of knowledge.
3. Defendant denies the allegation for lack of knowledge.
4. Defendant denies the allegation.
5. Defendant denies the allegation for lack of knowledge.

After your responses, list your affirmative defenses. Number them separately from your allegation responses.

Certificate of Service Requirements

The certificate of service proves you sent a copy to the plaintiff. Include the plaintiff’s name and address or their attorney’s contact information.

State the date you mailed the copy. Specify your delivery method: mail, email, or hand delivery.

Make two copies of your answer. Keep one for your records. Send one to the plaintiff or their attorney. File the original with the Duval Clerk of Court.

Filing a Motion to Dismiss

You can file a motion to dismiss instead of or along with your answer. Valid grounds include:

• Lack of personal jurisdiction
• Lack of subject matter jurisdiction
• Insufficient process or service
• Failure to state a cause of action
• Improper venue
• Defective complaint

Failure to state a cause of action is the most common dismissal ground. Florida law requires plaintiffs to state their claim in short, plain language. Vague or incomplete complaints can be dismissed.

When reviewing a motion to dismiss, courts accept complaint allegations as true. However, courts reject claims inconsistent with law.

Some attorneys file motions to dismiss as delay tactics. Focus on legitimate grounds that apply to your case.

How to File With Duval Clerk of Courts

Defendants representing themselves have two filing options: e-filing or mail.

E-Filing Your Answer

File electronically through Florida’s e-filing portal. Create an account and follow the prompts.

E-filing provides instant confirmation. You receive a timestamp proving when you submitted your answer.

Mailing Your Answer

Send your answer to the appropriate department based on your case type:

For Circuit Civil Cases:
Duval County Clerk of Courts
Attn: CIRCUIT CIVIL DEPARTMENT
501 West Adams Street, Room 1209
Jacksonville, FL 32202

For County Civil Cases:
Duval County Clerk of Courts
Attn: COUNTY CIVIL DEPARTMENT
501 West Adams Street, Room 1046
Jacksonville, FL 32202

Mail your answer with time to spare. Account for delivery delays. Send it certified mail for proof of filing.

After Filing Your Answer

The court sends a notice with your hearing date. Attend this hearing. Arriving late or missing it damages your case.

Prepare to explain your position clearly. Bring all relevant documents. Dress professionally for court.

Your answer starts the legal process. The hearing continues it. Both matter equally.

Getting Help With Your Duval County Answer

You don’t have to navigate this process alone. Our partner Solo guides you through every step of responding to a debt collection lawsuit.

Filing a proper answer protects you from default judgment. Including strong affirmative defenses strengthens your position. Following Duval County procedures ensures your response gets processed correctly.

Act within your 20-day deadline. Your financial future depends on it.