How to File an Answer to a Credit Card Lawsuit in Florida
- Author: Mike Weston
- Last Modified: April 6, 2025
If you’ve been served with a credit card lawsuit in Florida, don’t panic — but don’t ignore it either. You have only 20 days to respond after being served, and filing a proper Answer with the court is your first line of defense.
The answer is just the first step in the process. You will also have to go to Court. Consider Hiring Weston Legal to represent you instead and handle the process from start to finish.
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Table of Contents
📬 Step 1: Understand the Lawsuit You’ve Received
When you’re sued for unpaid credit card debt in Florida, you’ll receive a Summons and Complaint — either by a process server or sheriff. These documents tell you:
- That a lawsuit has been filed
- Who is suing you (original creditor or debt buyer)
- How much they claim you owe
- What court the case is in
- The deadline to respond (typically 20 calendar days)
Ignoring this will likely result in a default judgment, which can lead to wage garnishment, bank account levies, or liens.
✍️ Step 2: Prepare Your Answer
In Florida, an “Answer” is your official written response to the lawsuit. It must address each numbered paragraph in the Complaint and can include affirmative defenses (legal reasons the plaintiff may not win).
🔹 How to Respond to Each Paragraph:
You’ll go paragraph by paragraph and state one of the following:
- Admit: You agree the statement is true
- Deny: You disagree or don’t have enough information
- Lack of Knowledge: You’re unsure and need more information
👉 Example:
- Defendant admits the allegations in paragraph 1.
- Defendant denies the allegations in paragraph 2.
- Defendant is without knowledge as to paragraph 3 and therefore denies the same.
🔹 Include Affirmative Defenses
These are legal arguments that, even if the facts are true, show why the plaintiff shouldn’t win. Common defenses in credit card cases include:
- Statute of Limitations (generally 5 years in Florida for written contracts)
- Debt is not yours
- Debt was paid or settled
- Debt buyer lacks proof or legal standing
- Unlawful fees or interest
Pro Tip: Do not say “I owe the debt but can’t pay.” That’s not a legal defense and could hurt your case.
📄 Step 3: Format Your Answer Properly
Florida courts require legal pleadings to follow a specific format:
- Use plain paper (8.5 x 11 inches)
- Include:
- Court name and case number (from the Summons)
- Parties’ names (Plaintiff and Defendant)
- Title: “Answer to Complaint”
- Your paragraph-by-paragraph responses
- Your affirmative defenses
- A Certificate of Service (stating how and when you sent a copy to the plaintiff or their attorney)
- Your signature, printed name, address, phone, and email
🧾 Step 4: File the Answer With the Court
You must file your Answer with the clerk of court in the county where the lawsuit was filed.
Filing Options:
- In person: Go to the courthouse and hand it to the clerk.
- By mail: Mail it to the clerk (make sure it arrives by the deadline).
- Electronically: Florida requires most civil filings to go through the Florida Courts E-Filing Portal
Deadline: You must file your answer within 20 calendar days after being served — weekends and holidays count.
📤 Step 5: Serve a Copy on the Plaintiff or Their Attorney
After filing, you must send a copy of the Answer to the plaintiff’s attorney (or the plaintiff directly if they don’t have one). This is usually done by mail or email via electronic filing (if listed), and you must include a Certificate of Service in your Answer to show you did this.
⚖️ What Happens After You File Your Answer?
Once you file a proper Answer:
- The case doesn’t default, and you preserve your right to fight the case.
- The court may set a case management conference, pre-trial conference, or hearing.
- You can begin discovery to force the creditor to prove the debt.
- You can negotiate, settle, or even win your case if they lack documentation.
❌ What Happens If You Don’t Answer?
If you fail to respond in time:
- The creditor can ask the court for a default judgment.
- Once entered, they can start wage garnishment, bank levies, or seizure of property.
- You’ll lose your chance to raise defenses.
✅ Summary: Filing an Answer to a Credit Card Lawsuit in Florida
1️⃣ | Read the Complaint and note the 20-day deadline |
2️⃣ | Draft your Answer, denying or admitting each paragraph |
3️⃣ | Raise any legal defenses |
4️⃣ | Format correctly and file with the court clerk |
5️⃣ | Send a copy to the plaintiff or their lawyer |
📚 Need Help With a Florida Credit Card Lawsuit?
Hire Weston Legal if you have been sued for debt in Florida.
Filing an Answer is the first step to protecting your income and rights. If you’re unsure how to respond, consider contacting a Florida debt defense law firm like Weston Legal to help you draft or file the Answer properly and show up in Court for you.
Mike Weston is a seasoned debt lawsuit defense attorney and founder of Weston Legal. Since 2005, Mike has devoted his career to compassionately helping consumers struggling with issues involving their personal and business debts. Mike is grateful to have been able to help tens of thousands of clients become empowered with knowledge on the path to financial stability.
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