You have 20 days to respond to a Florida lawsuit. Default judgments are hard to undo.
Florida civil defendants have a narrow response window. Missing it allows the plaintiff to take default judgment — and the rules for setting one aside are strict.
Florida Rule of Civil Procedure 1.140 gives a defendant 20 days from service to file a responsive pleading or a motion. Miss the window, and the plaintiff can obtain a clerk's default — and then a default judgment on damages — without further notice.
What qualifies as a response
- An answer addressing each allegation.
- A motion to dismiss for failure to state a cause of action.
- A motion for more definite statement.
- A motion to strike redundant or impertinent matter.
- A motion to quash service or for lack of personal jurisdiction.
Setting aside a default
A default set aside under Rule 1.540 requires a showing of excusable neglect, a meritorious defense, and reasonable diligence in seeking relief. Courts evaluate the three elements together. 'I didn't open the mail' is not excusable neglect. 'I was hospitalized' usually is. Most situations fall in between, and outcomes turn on supporting documentation.
The practical rule
If you are served, calendar the 20th day at the intake call. Hire counsel on day 1 or 2 — not day 18. The cost of a rushed response is materially higher than the cost of an early one.
