Q: Should I file my Answer to the Complaint anyway?
I received a Complaint/Summons for a lawsuit by my former employer last Friday, e-mailed to me by the plaintiff's attorney. However, it was filed with the clerk exactly 20 days before he sent it to me, which is the same amount of time allotted to file an Answer. I have been homeless since I was wrongfully terminated and shorted $2000 on my paycheck and lost my home, & it was sent the old address. I knew nothing about it until I got the email but Plaintiff's attorney knew I was not at that address because we have communicated several times by email over last 3 weeks & he never mentioned it or sent the Complaint until the day it was too late for me to do anything about it. Should I file my Answer with the clerk anyway? Also, it was filed in Miami Dade, but I reside in Clearwater, 300 miles away and have no car or drivers license or any money to go to Miami. Can I mail the Answer, or does it have to be filed in person? And If it's too late to file an Answer, what else can I do? Thanks....
A: The summons, together with the complaint, has to be served on you; email is insufficient. An officer of the law or private process server has to give it to you in person. The 20 days doesn't start until that happens.
Bruce Alexander Minnick and Charles M. Baron agree with this answer
A:
Since you are indigent, you should contact the Dade County Bar Association, which has a pro bono lawyer program. The number is (305) 579-5733.
Regarding filing the answer, yes, it can be mailed to the Clerk of Court, with a copy mailed to the other side. Sounds like you haven't been officially served yet, in which case the 20-day period is not yet triggered, but if the Court somehow is under the impression that you were served (for example, if a process server lies on an affidavit), a default may be entered against you, and if that occurs, you will need to file a motion to vacate the default.
Also, from what you describe, it sounds like the plaintiff's attorney may be trying to trick you into filing an answer without being served. If you file an answer, it subjects you to the jurisdiction of the court, whether you were served or not!
Bruce Alexander Minnick agrees with this answer
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