COPYRIGHT

COPYRIGHT
The authors, publishers, or The Florida Association of Legal Document Preparers, LLC (FALDP, LLC)
will not be held responsible for errors, omissions, or mistakes that appear in this guide; and will be held
harmless from any damage incurred by anyone using this book. The authors are not attorneys, and
nothing in this book is meant to replace legal advice or to be construed as legal advice. ALL RIGHTS
RESERVED. Copyright © 2011. No part of this publication may be reproduced, or transmitted in any
form, or by any means, electronic, mechanical, photocopying, or recording, or otherwise without the
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“A lean compromise is better than a fat lawsuit.”
George Herbert
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HOW TO ANSWER A CIVIL
COMPLAINT
Includes explanation, a glossary,
and a pertinent part of the Florida Rules of Civil Procedure.
Also sample documents – eviction Complaint and Answer;
Answer to Foreclosure Complaint; and Answer to paternity action.
Presented by
Ruth Tick and the FALDP
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The Florida Association of Legal Document Preparers, LLC
www.faldp.org
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TABLE OF CONTENTS
Introduction …........................................................................................................
You've Been Sued …..............................................................................................
Anatomy of a Complaint …...................................................................................
Preparing Your Answer …......................................................................................
Common Legal Terms …........................................................................................
Florida Rules of Civil Procedure …........................................................................
Blank – Sample Eviction Complaint …..................................................................
Completed – Sample Eviction Complaint …..........................................................
Sample Answer to Eviction Complaint …...............................................................
Sample Motion to Dismiss Foreclosure Complaint …............................................
Sample Answer to Petition to Determine Paternity and Related Relief ….............
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Dedication
This book is dedicated to all pro se litigants struggling to make sense of the legal system, and
desperately trying to defend their own interests. There is precious little low cost legal help readily
available. I hope this helps.
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“I can't do literary work for the rest of this year because I'm meditating another lawsuit
and looking around for a defendant.”
Mark Twain
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Introduction
This book is presented as general information for pro se litigants. It is not in any way meant to
be legal advice, only legal information. You are likely reading this, because you have, in fact, been
sued. Do not take legal matters lightly. Consider the information in this book as a starting point for your
own research. If you decide that the possible consequences are too serious for you to handle on your
own, then seek an attorney's advice or representation.
In Florida attorneys are allowed to unbundle their services. Unbundled services are “a la carte”
legal services – you pick and choose the help that you need. The fact that attorneys are allowed to
unbundle their services, doesn't mean they will do so. Unbundling services is within the Florida Bar
rules but many attorneys choose not to do so because they feel it may open them to liability for damage
or mistakes related to the parts of your case which they did not handle.
However, if you can find an attorney willing to work with you in this way, he could be a
godsend. When using an attorney's unbundled services, you may be able to have him only review your
documents; or only appear in court in your behalf; or provide advice to you as you request it. Pro se
litigants who work with their attorney this way can have the best of both worlds. While saving money
they can also benefit from legal advice and expertise. Such an arrangement is most beneficial when the
litigant actively educates himself about the issues, possible outcomes, and options in his case.
The author of this book is not an attorney, and this information has not been reviewed by an
attorney. The information is meant to be general in nature, and a starting point for pro se litigants to
continue their own research. We have included some samples which are meant to be as guides only. As
you research you'll find other examples that may fit your case more closely which you can adapt to
your purposes.
As a convention we used “he” as the personal pronoun, rather than alternating he and she or
omitting personal pronouns completely. This is for ease of reading, and we apologize for any
appearance of sexism. (Your author is a woman).
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You've Been Sued.
You may have known this law suit was coming, or it may have hit you out of the blue. Either
way, you've been sued, and now its up to you to do something. Before you even begin to think about
how to prepare an answer, take some time to reflect on whether you were properly served.
If a sheriff or a private process server came to your door, asked for you, and then told you that
they were serving you with a complaint for a lawsuit – you have very likely been properly served. It
doesn't matter whether you were served at work or at home, or in public for that matter, as long as the
documents went from the hands of the process server to yours, then you've been properly served and
sued.
On the other hand, there are other instances when you may have the documents in your
possession but you were never served. For example, if a civil complaint was mailed to you via certified
or regular mail; the plaintiff personally gave them to you; or the documents were brought to your house
by the sheriff and left with your housekeeper – you have likely not been properly served to begin with.
If you were not properly served, you may need to do additional research to be sure how to
proceed. If you're still not sure of the correct path, then by all means seek the advice of an attorney. The
reason this is important is that if you answer the Complaint then you are in effect accepting the
Complaint as valid even though you may disagree. If you do not believe that you were properly served,
you may decided to file a Motion to Quash Due to Improper Service. However, if you file an Answer to
the Complaint, even though you were not properly served, you likely miss your chance to file that
Motion to Quash.
So think it through before preparing an Answer. Filing a Motion to Quash when you have been
improperly served may accomplish nothing more than delaying the proceedings. Sometimes, however,
slowing down the proceedings is a Defendant's primary goal. The theory is that if a Defendant can
throw up enough hoops and hurdles for the Plaintiff, then the Plaintiff might just give up and go home.
It happens. There are other circumstances where a Defendant can file a Motion to Dismiss and end a
law suit immediately. However, for the purposes of this book we are assuming that the Defendant was
properly served, and needs to prepare an Answer.
Read over the Summons and Complaint carefully. The Summons will state exactly how many
days you have in which to prepare and file your Answer. Most of the time, you will be allowed twenty
calendar days beginning the day after you were served. Calendar days are consecutive days and include
weekends but not holidays. If your day twenty falls on a weekend or holiday, you must file your
Answer on the next business day.
As a matter of course, and in the interest of delaying the inevitable many Defendants will file a
Motion to Dismiss based on anything they can possibly rely on to dispute the Complaint. Again, this
may delay the proceedings, and little else. The Plaintiff will likely simply correct the error, file an
amended complaint, and have you served again. If, however, there is a correct and valid reason to file a
Motion to Dismiss, do not hesitate to do so.
Once you have determined that the best thing for you to do is prepare your Answer remember to
file it within the allotted time. If you fail to file within the prescribed time, the Plaintiff can file a
Motion for Default based on your failure to file. If the Plaintiff is granted a Default Judgment, he will
likely win his law suit there and then. If you realize that you have missed a filing deadline by a day or
two, file your Answer immediately. You may find that the Plaintiff has not filed a Motion for Default
and your late Answer will be accepted by the court. Also, in most cases, if you file anything at all, even
if it is in the wrong format, is not a full and complete Answer, or you fail to send a copy to the other
party – a Motion for Default will be denied.
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An Answer to a civil Complaint is exactly what it sounds like. The Defendant (that's you)
answers the allegations (claims) made by the Plaintiff (that's the other side). In general, the Answer
follows the points raised in the Complaint, one by one, numbered paragraph by numbered paragraph.
Usually, a Defendant answers each paragraph by stating “Affirm” or “Deny”. Some numbered
paragraphs may raise several claims – in that case, it is appropriate to state in an Answer: “Affirm in
part; deny in part”; and then briefly state a reason. After each numbered paragraph has been answered,
the Defendant then states his Affirmative Defenses.
It is very important that the Defendant state all possible defenses to the law suit in his Answer.
If, after filing, the Defendant discovers new information, or uncovers a new legal argument through
research, he will not be allowed to bring it up in court unless that defense is included in his Answer. If a
Defendant fails to state a defense in his Answer he may forever have given up his right to raise that
specific defense.
If a Defendant realizes that he has omitted a useful defense after filing an Answer, he may be
able to amend his Answer. To amend an Answer that has already been filed, the Defendant must request
permission (leave) of court to do so.
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Anatomy of a Complaint
The Complaint that was served on you by the process server was prepared in the same general
format as you prepare your Answer. The top of the page is called the “Header” and if it is in a Florida
circuit court looks something like this:
example:
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
Mary Jones,
Plaintiff
vs.
CASE NO.: 2011-12345
John Smith,
Defendant
_________________/
COMPLAINT
If your law suit is in Small Claims Court the format is slightly different, and it will not display a
Judicial Circuit, only a county. A complaint in small claims court is called a “Statement of Claim”, and
will be titled as such.
The Header for your Answer will be identical to the Header on the Complaint except for one
thing. In the place of the title: COMPLAINT – you'll title your Answer – ANSWER. Sometimes a more
elaborate title will appear on the complaint, like COMPLAINT FOR FORECLOSURE; COMPLAINT
FOR NON-PAYMENT OF DEBT; etc. In that case, you choose your title for your answer to
correspond. ANSWER TO COMPLAINT FOR FORECLOSURE; ANSWER TO COMPLAINT FOR
NON-PAYMENT OF DEBT.
After the Header there may be a brief paragraph identifying the parties; and the reason for the
law suit. This paragraph might include as the reason for the law suit a “cause of action”. For example,
one cause of action is “breach of contract”. Other causes of action are: eviction, foreclosure, assault,
battery, invasion of privacy, slander, negligence, collection of a debt, and unjust enrichment.
Whatever the stated cause of action, it is up to the Plaintiff to support his claim, and to
eventually prove each of the elements of the law suit. For example, if the cause of action is breach of
contract, the Plaintiff must first show that there was a valid and enforceable contract, and then show
that the Defendant, somehow, breached the contract. Or the cause of action may be contained in the
first one or two numbered paragraphs.
Next, the first several numbered paragraphs are usually jurisdictional allegations stating the
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name of the Defendant; where the alleged incident took place; and stating that the court in which the
Complaint has been filed has jurisdiction. For example, Small Claims Court does not hear cases
requesting more than $5,000. in damages. So, filing a case where the Plaintiff seeks damages in excess
of $5000. is an error, and Small Claims Court would not have jurisdiction. This error can be remedied
either by the Plaintiff, voluntarily dismissing and filing his suit in circuit court; or by choosing to forgo
any damages above the $5000. statutory maximum. Law suits are filed more often than you might think
based on incorrect information. For example, people or businesses with similar names are sometimes
confused and the wrong party is sued. In that case, the simplest remedy is to file a Motion to Dismiss,
rather than file an Answer.
The cause of action and jurisdictional allegations might be something like this:
example:
1.Plaintiff sues Defendant for failing to pay a debt; and alleges:
2.Defendant borrowed $1000. from Plaintiff on or around December 2010.
3.At the time of the loan Defendant resided in Orlando, Florida.
4.Defendant continues to reside in Orlando, Florida.
As the Complaint continues the Plaintiff adds more facts to support his allegations. He may
state that there were witnesses present when the money changed hands; that there is an agreement
signed by both parties; that the Defendant paid him back some money; and anything else that might
persuade a judge that he is owed the $1000.
After all allegations have been stated in separate numbered paragraphs there is a paragraph
which is not numbered, and sometimes called the “wherefore” clause. It looks something like this:
example:
WHEREFORE the Plaintiff respectfully requests this court to order the Defendant to:
Pay $1000. to Plaintiff; and
Award to Plaintiff prejudgment interest at the rate of 6% per month; and
Pay said amounts within 30 days.
Next is the Plaintiff's signature block and certification. The signature block is exactly what it
sounds like, it includes the name, address, and phone number of the Plaintiff, with a line for his original
signature above. The certification is a statement that the Complaint was delivered and how. It goes like
this:
example:
I CERTIFY that a copy of the foregoing was delivered to the Defendant via the civil process division of
the Miami-Dade sheriff's department at: __________________________________________{address}
on: __________________________________________________________________________{date}.
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Preparing Your Answer
Format your Answer the same way as the Complaint. As explained in the previous section,
change only the title from “Complaint” to “Answer”. Then, one by one, answer the numbered
paragraphs. Use the words: Admit, agree, or affirm. Or use: Deny, or disagree. If you need to say that
you “affirm in part; and deny in part”, do so. Remember to keep it simple. Sometimes keeping your
statements simple is difficult.
Use plain language. There is no need to try and impress anyone with your new found command
of legalese. Sometimes, legal phrases represent bodies of information which is understood to have a
certain meaning by judges and lawyers – but not laymen. So be careful. A bit of legalese may seem to
you to mean one thing, but to a lawyer or judge mean something entirely different.
After the Header - answer the first four numbered paragraphs in the example Complaint as
follows:
example:
1.Deny.
2.Deny.
3.Affirm.
4.Affirm.
Simple. The Defendant is denying the allegation that he failed to repay a loan and even denying
that it was a loan. In Paragraph 3 he is admitting that he lived in Orlando in December 2010 (at the time
of the loan); but states that although he resided in Orlando at that time he did not borrow the money. It
could be that his overall defense is that the money was a gift, or that money never changed hands at all.
In your Answer be consistent and careful with your word choice. Legal writing is very precise.
If you refer to a thing in a certain way, be sure to continue referring to the same thing in the same way
throughout. Try to imagine that judges and lawyer spend all day everyday respectively interpreting the
wording of laws; and arguing the meaning of laws. You're new at this, so keep it as simple and clear as
you can.
The first section of the Answer admits or denies each allegation of the complaint, paragraph
by paragraph. For example, if paragraph #2 of the complaint alleges that you have not made a payment
since January 1. But, you actually stopped making your payments on March 1, then you would deny
the allegation in paragraph #2.
Affirmative defenses are the rough equivalent of ―yes, but… That is, the Plaintiff is not
completely wrong in asserting the allegation, but there is some legal grounds for defending against it.
For example, the Plaintiff might have sued the correct person, but failed to state a cause of action for
which relief can be granted. Or, the Plaintiff might have somehow contributed to the chain of events
and helped cause the situation for which he is now filing suit. For example, in an eviction for failure to
pay rent, if the Plaintiff Landlord failed to make necessary repairs and so the tenants withheld their
rent, the Landlord may also be at fault; and a cause for the nonpayment.
When a Defendant realizes that there were defenses that should have been raised, after filing the
Answer, then the Defendant will need to file an Amended Answer with the court. If the
Answer was filed more than 20 days ago, the borrower will need to ask for permission
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from the court to file the amended answer, and state the reasons why the court should allow
the late filing. The Defendant asks for permission from the court for filing an amended answer, by
filing a Motion for Leave of Court to File an Amended Answer. Including all possible defenses is
important because all defenses to the lawsuit must be stated within the Answer or are considered
waived.
So, if the Defendant intends to raise any of the defenses in this book, it is likely necessary for
the Defendant to file a corrected (amended) Answer. This puts the Plaintiff on notice of the defenses he
now intends to raise. It is critical the Plaintiff is put on notice through the Answer because it cannot
defend against what it is not aware of (and because the rules say all defenses must be in the Answer).
While it might seem like an exciting idea to bring up a surprise defense at the last minute to catch the
lender off guard, you can be rest assured the judge will likely not permit it. The Plaintiff must be
notified of the defenses a borrower intends to raise.
Filing an Amended Answer and a Motion for Leave are only necessary if an Answer has already
been filed in the case. If the Defendant already responded to the lawsuit with any type of letter to the
court, the court will consider that letter an Answer, making the filing of a Motion for Leave prior to
filing an Amended Answer necessary.
Affirmative Defenses
If you are including affirmative defenses, put them after the numbered paragraphs and before
the “wherefore clause”. If using more than one, center title as: First Affirmative Defense, then the
specific type of defense stated directly underneath, such as “Accord and Satisfaction”. And then title
the next affirmative defense, Second Affirmative Defense, then the specific type of defense underneath
that one. This is the only way these are numbered, and you do not need to use numerals for these
paragraphs. Under the title of each affirmative defense write your argument supporting your defense.
The following is a portion of the Florida Statutes that addresses affirmative defenses:
“Florida Rules of Civil Procedure
1.110 General Rules of Pleading
(d) Affirmative Defenses. In pleading to a preceding pleading a party shall set forth affirmatively
accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in
bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches,
license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other
matter constituting an avoidance or affirmative defense.”
In general what ever affirmative defenses you assert in your Answer must also correlate with the
numbered paragraphs earlier in your Answer. In other words, you cannot affirm an allegation in one
place and offer the opposite affirmative defense later on. However, you are allowed to offer alternate
defenses; even alternate defenses that cannot possibly both be true.
The easiest way to understand this concept is through the story of the broken teapot. Suppose
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you have been sued because you borrowed a teapot from your friend and returned it broken. Providing
you did not already admit to anything, you can offer the following defenses:
I didn't borrow the teapot.
The teapot was already broken,
My friend asked me to break the teapot.
I borrowed the teapot and returned it intact.
I don't know anything about a teapot.
I was out of the country.
Some of the common affirmative defenses are briefly explained below.
Explanations for Affirmative Defenses to a Complaint to Collect a Debt
Accord and Satisfaction – In a dispute over a money transaction, when you claim “Accord and
Satisfaction” you are claiming that you paid already, the other party accepted the payment, and the
matter is over. For example, if you paid with a check and wrote “paid in full” in the memo line, you
might plead “Accord and Satisfaction” if the other party cashed the check and still wants more money.
Statute of Limitations – Every different type of cause of action has a specific time period in which a
law suit can be filed. For example a creditor cannot pursue a lawsuit for a debt after the statute of
limitations has run out. The debt is still owed, and he can still try to collect through collection agencies,
but he cannot sue.
Discharge in Bankruptcy – This is exactly what it sounds like. If you declared bankruptcy and the debt
was discharged, then the creditor cannot sue for that debt.
Statute of Frauds – The statute of frauds states, among other things, that real estate transactions; and
certain other transactions, must be in writing or they are unenforceable.
Sample Language for Affirmative Defenses to a Foreclosure Complaint
LACK OF STANDING
Plaintiffs lack standing to foreclose on this real property. According to Bay County Public Records there is no
evidence that this real property is subject to a mortgage or lien owned or held by Plaintiffs. As stated in Item 5,
Defendant demands proof that Plaintiffs have authority and legal standing to pursue an action for foreclosure.
Defendant further demands proof that Plaintiffs held an ownership interest prior to initiating foreclosure
proceedings.
PRODUCTION OF ORIGINAL DOCUMENTS
Plaintiffs have failed to produce the original Promissory Note and Mortgage, and allege that it was lost, stolen,
or destroyed; yet have failed to prove under what circumstances the loss, theft, or destruction occurred.
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Sample Language for Affirmative Defenses to Landlord Claiming Security Deposit
ACCEPTANCE OF TERMS
Defendant hereby asserts and alleges that Plaintiffs had agreed to and accepted the Defendants terms
wherein Defendant would live out her security deposit. Plaintiffs failed to request payment of the
$400. difference between the rental amount; and the security deposit amount; until filing this law suit.
Defendant hereby asserts and alleges that Plaintiffs had agreed to allow Defendant to leave behind her
couch; thereby assuming any possible costs of disposing of it.
NORMAL WEAR AND TEAR
Defendant denies that there was damage to the property. And if there was damage it was due to normal
wear and tear; and Defendant is not responsible for the damage.
Plaintiffs had returned a portion of Defendant's security deposit on or about November 29, 2010,
because Defendant diligently cared for the property.
HARASSMENT
Defendant hereby asserts and alleges that Plaintiffs repeatedly and continually harassed her during her
four year tenancy. Plaintiffs repeatedly showed the dwelling to prospective buyers with little or no
advance notice; contrary to the agreement between Plaintiff and Defendant that Defendant would be
given at least 24 hours notice prior to Plaintiffs showing the property. On several occasions Defendant
left her workplace during the day to be present during showings; and/or allow access to prospective
buyers. Defendant came to feel unsafe in her rented dwelling when she discovered that Plaintiffs
routinely gave keys to her rented dwelling to third parties.
Defendant hereby asserts and alleges that Plaintiffs ongoing harassment rendered the property unsafe
and uninhabitable, and that Plaintiffs constructively evicted her. Defendant is a single mother, and
Defendant's son, a minor, was also living in the rented dwelling.
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Some Common Terms
ab initio "from the beginning"
Ad litem is a term used in law to refer to a party appointed by a court to act in a lawsuit on behalf of
another party—for instance, a child or an incapacitated adult—who is deemed incapable of
representing him or herself.
AFFIDAVIT: a written statement in which the facts stated are sworn or affirmed to be true.
An amicus curiae (also spelled amicus curiæ; plural amici curiae) is someone, not a party to a case,
who volunteers to offer information to assist a court in deciding a matter before it.
ANSWER: the written response to a complaint, petition, or motion. ALIMONY: a payment of support
provided by one spouse to the other.
APPEAL: a legal action where the losing party requests that a higher court review the decision.
ASSET: everything owned by you or your spouse, including property, cars, furniture, bank
accounts, jewelry, life insurance policies, businesses, or retirement plans. An asset may be
marital or nonmarital, but that distinction is for the court to determine if you and your spouse do
not agree.
A subpoena duces tecum (or subpoena for production of evidence) is a court summons ordering a
named party to appear before the court and produce documents or other tangible evidence for use at a
hearing or trial.
An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to
be present; EX PARTE: communication with the judge by only one party. In order for a judge to speak
with either party, the other party must have been properly notified and have an opportunity to be heard.
If you have something you wish to tell the judge, you should ask for a hearing or file information in the
clerk of court's office, with certification that a copy was sent to the other party.
Forum non conveniens (Latin for "forum not agreeing") is a common law legal doctrine whereby
courts may refuse to take jurisdiction over matters where there is a more appropriate forum available to
the parties.
JUDGE: an elected official who is responsible for deciding matters on which you and the other parties
in your case are unable to agree. A judge is a neutral person who is responsible for ensuring that your
case is resolved in a manner which is fair, equitable, and legal. A judge is prohibited by law from
giving you or the other party any legal advice, recommendations, or other assistance, and may not talk
to either party unless both parties are present, represented, or at a properly scheduled hearing.
JURISDICTION: the authority of the court to hear a case.
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Lis pendens is Latin for "suit pending” used most frequently in foreclosure proceedings and is the first
document filed.
MEDIATION: A meeting with a trained, neutral third party who helps the parties try to solve problems
cooperatively. As a matter of course, small claims litigants must attempt to mediate prior to appearing
before the judge. Some circuit courts have a similar requirement.
MOTION: a formal request filed to the court, other than a petition. A judge makes a decision to allow
or deny the request, usually after a hearing or a trial. A motion is filed after a case has already been
opened; and a petition initiates a case.
Motion in limine (Latin: "at the threshold") is a motion made before the start of a trial requesting that
the judge rule that certain evidence may, or may not, be introduced to the jury in a trial.
Pro se legal representation means advocating on one's own behalf before a court, rather than being
represented by a lawyer.
Quantum meruit is a Latin phrase meaning "as much as he has deserved". In the context of contract
law, it means something along the lines of "reasonable value of services".
In law, the expression trial de novo means a "new trial" by a different tribunal (de novo is a Latin
expression meaning 'afresh', 'anew', 'beginning again,' hence the literal meaning "new trial").
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Florida Rules of Civil Procedure
1.110 General Rules of Pleading
(a) Forms of Pleadings. Forms of action and technical forms for seeking relief and of pleas, pleadings,
or motions are abolished.
(b) Claims for Relief. A pleading which sets forth a claim for relief, whether an original claim,
counterclaim, crossclaim, or third-party claim, must state a cause of action and shall contain (1) a short
and plain statement of the grounds upon which the court's jurisdiction depends, unless the court already
has jurisdiction and the claim needs no new grounds of jurisdiction to support it, (2) a short and plain
statement of the ultimate facts showing that the pleader is entitled to relief, and (3) a demand for
judgment for the relief to which the pleader deems himself or herself entitled. Relief in the alternative
or of several different types may be demanded. Every complaint shall be considered to demand general
relief.
(c) The Answer. In the Answer a pleader shall state in short and plain terms the pleader's defenses to
each claim asserted and shall admit or deny the averments on which the adverse party relies. If the
defendant is without knowledge, the defendant shall so state and such statement shall operate as a
denial. Denial shall fairly meet the substance of the averments denied. When a pleader intends in good
faith to deny only a part of an averment, the pleader shall specify so much of it as is true and shall deny
the remainder. Unless the pleader intends in good faith to controvert all of the averments of the
preceding pleading, the pleader may make denials as specific denials of designated averments or may
generally deny all of the averments except such designated averments as the pleader expressly admits,
but when the pleader does so intend to controvert all of its averments, including averments of the
grounds upon which the court's jurisdiction depends, the pleader may do so by general denial.
(d) Affirmative Defenses. In pleading to a preceding pleading a party shall set forth affirmatively
accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in
bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches,
license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other
matter constituting an avoidance or affirmative defense. When a party has mistakenly designated a
defense as a counterclaim or a counterclaim as a defense, the court, on terms if justice so requires, shall
treat the pleading as if there had been a proper designation. Affirmative defenses appearing on the face
of a prior pleading may be asserted as grounds for a motion or defense under rule 1.140(b); provided
this shall not limit amendments under rule 1.190 even if such ground is sustained.
(e) Effect of Failure to Deny. Averments in a pleading to which a responsive pleading is required,
other than those as to the amount of damages, are admitted when not denied in the responsive pleading.
Averments in a pleading to which no responsive pleading is required or permitted shall be taken as
denied or avoided.
(f) Separate Statements. All averments of claim or defense shall be made in consecutively numbered
paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single
set of circumstances, and a paragraph may be referred to by number in all subsequent pleadings. Each
claim founded upon a separate transaction or occurrence and each defense other than denials shall be
stated in a separate count or defense when a separation facilitates the clear presentation of the matter
set forth.
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(g) Joinder of Causes of Action; Consistency. A pleader may set up in the same action as many
claims or causes of action or defenses in the same right as the pleader has, and claims for relief may be
stated in the alternative if separate items make up the cause of action, or if 2 or more causes of action
are joined. A party may also set forth 2 or more statements of a claim or defense alternatively, either in
1 count or defense or in separate counts or defenses. When 2 or more statements are made in the
alternative and 1 of them, if made independently, would be sufficient, the pleading is not made
insufficient by the insufficiency of 1 or more of the alternative statements. A party may also state as
many separate claims or defenses as that party has, regardless of consistency and whether based on
legal or equitable grounds or both. All pleadings shall be construed so as to do substantial justice.
(h) Subsequent Pleadings. When the nature of an action permits pleadings subsequent to final
judgment and the jurisdiction of the court over the parties has not terminated, the initial pleading
subsequent to final judgment shall be designated a supplemental complaint or petition. The action shall
then proceed in the same manner and time as though the supplemental complaint or petition were the
initial pleading in the action, including the issuance of any needed process. This subdivision shall not
apply to proceedings that may be initiated by motion under these rules.
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BLANK - SAMPLE COMPLAINT FOR EVICTION
IN THE COUNTY COURT, IN AND FOR
__________________ COUNTY, FLORIDA
[insert County in which rental property is located]
___________________________________
[insert name of Landlord]
Plaintiff,
vs.
___________________________________
[insert name of Tenant]
Defendant.
/
CASE NO. ________________________________
[insert case number assigned by Clerk of the Court]
COMPLAINT FOR EVICTION
Plaintiff, _____________________ [insert name of Landlord], sues Defendant,
_________________________ [insert name of Tenant] and alleges:
This is an action to evict a Tenant from real property in _________________ [insert county in
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which the property is located] County, Florida.
2. Plaintiff owns the following described real property in the County:
________________________________________________________________________ [insert legal
or street
description of the property including, if applicable, unit number].
3. Defendant has possession of the property under a (oral/written) agreement . A copy of the written
agreement, if any, is attached as Exhibit "A."
4. Plaintiff served Defendant with a notice on _______________, 20___ [insert date of notice]
giving written notice to the Defendant that the Defendant was in violation of its rental agreement. A
copy of the
notice, setting forth the violation of the rental agreement, is attached as Exhibit “B”.
5. Defendant has failed to correct or discontinue the conduct set forth in the above-mentioned notice.
WHEREFORE, Plaintiff demands judgment for possession of the property against Defendant.
________________________________________
Landlord’s Name __________________________
Address _________________________________
________________________________________
Phone Number ___________________________
Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar 2010.
This form was completed with the assistance of:
Name:
Address:
Telephone Number:
22
SAMPLE COMPLAINT FOR EVICTION – COMPLETED:
IN THE COUNTY COURT, IN AND FOR
VOLUSIA COUNTY, FLORIDA
Jay Whithead_____,
Plaintiff,
vs.
Amy J. Fink________,
Defendant.
CASE NO. 2011-4949-CIV_________________
COMPLAINT FOR EVICTION
Plaintiff, _Jay Whitehead______ , sues Defendant, Amy J. Fink
and alleges:
1. This is an action to evict a Tenant from real property in _Volusia County, Florida.
2. Plaintiff owns the following described real property in the County:
_4009 First Street, Apartment 112; Holly Hill, Florida 32117_ .
3. Defendant has possession of the property under a (oral/written) agreement . A copy of the written
agreement, if any, is attached as Exhibit "A."
4. Plaintiff served Defendant with a notice on _October 10_, 2011_ giving written notice to the
Defendant that the Defendant has failed to pay rent or leave the premises; and is otherwise in violation
of its rental agreement. A copy of the notice, setting forth the violation of the rental agreement, is
attached as Exhibit “B”.
5. Defendant has failed to pay or leave the premises set forth in the above-mentioned notice.
WHEREFORE, Plaintiff demands judgment for possession of the property against Defendant.
________________________________________
Landlord’s Name _Jay Whitehead_____________
Address _4004 Pelican Circle_________________
_Daytona Beach, Florida 32114_______________
23
Phone Number 386-224-3110_________________
Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar 2010.
This form was completed with the assistance of:
Name:
Address:
Telephone Number:
24
SAMPLE ANSWER TO COMPLAINT FOR EVICTION
IN THE COUNTY COURT, IN AND FOR
VOLUSIA COUNTY, FLORIDA
Jay Whithead_____,
Plaintiff,
vs.
Amy J. Fink________,
Defendant.
CASE NO. 2011-4949-CIV_________________
ANSWER TO COMPLAINT FOR EVICTION
Defendant Amy J. Fink answers Plaintiff's Complaint for Eviction and states:
1. Affirm.
2. Affirm.
3. Affirm.
4. Deny.
5. Deny.
6.
First Affirmative Defense
Uninhabitable Conditions
Defendant withheld rent due to the conditions of the rented dwelling. The Plaintiff Landlord was
informed of the conditions, a leaking roof, two weeks prior to the day rent was due, yet failed to make
necessary repairs.
25
Second Affirmative Defense
Harassment
Although Defendant informed Plaintiff that the roof was leaking well in advance of the day the rent
was due, the Plaintiff continually requested the rent from the Defendant; and in such a manner to rise to
harassment. On three occasions Plaintiff telephoned late at night requesting the rent; once sent a text
message at 2:00 a.m.; and four other times came to the door demanding that rent be paid immediately.
____________________________
Amy J. Fink
4009 First Street #112
Holly Hill, Florida 32117
386-255-2122
I CERTIFY that a copy of this document has been sent to Jay Whitehead at 4004 Pelican Circle;
Daytona Beach, Florida 32114, via U.S. Mail on ______________________________________.
_____________________________
Amy J. Fink
26
SAMPLE MOTION TO DISMISS A FORECLOSURE ACTION:
IN THE CIRCUIT COURT OF THE ____________________ JUDICIAL CIRCUIT
IN AND FOR _____________ COUNTY, FLORIDA
CASE NO. ____________________
____________ MORTGAGE, INC.
PLAINTIFF,
VS.
______________________,
______________________,
DEFENDANT(S)
_________________________/
MOTION TO DISMISS
COMES NOW, Defendants _______________________________________, filing pro se, respectfully
requesting this Court to dismiss this action for foreclosure for the following reasons:
1. Plaintiffs lack standing to pursue a foreclosure action.
2. Plaintiffs have failed to produce the original Mortgage and Note.
3. Plaintiffs acted in bad faith by filing an action for foreclosure while the parties were engaged in attempts to
modify or negotiate the mortgage loan. Plaintiffs repeatedly assured the Defendants that no foreclosure action
would be initiated while their loan was under review by Defendants’ loss mitigation department.
THEREFORE, Defendants request this court to dismiss this foreclosure action.
__________________________
Defendant, pro se
__________________________
__________________________
__________________________
__________________________
Defendant, pro se
__________________________
__________________________
__________________________
WE CERTIFY that a true and correct copy of this instrument has been furnished to Attorneys for Plaintiff, at:
______________________________________ on: ____________________________________________.
_________________________________
Defendant
27
____________________________
Defendant
IN THE CIRCUIT COURT OF THE
IN AND FOR
JUDICIAL CIRCUIT,
COUNTY, FLORIDA
Case No.:
Division:
,
Petitioner,
and
,
Respondent.
ANSWER TO PETITION TO DETERMINE PATERNITY
AND FOR RELATED RELIEF
I, {full legal name} __________________________________, Respondent, being
sworn, certify that the following information is true:
1. I agree with Petitioner as to the allegations raised in the following numbered paragraphs
in the Petition and, therefore, admit those allegations: {indicate section and paragraph
number}
Section I – Paragraphs: 1, 2, 3, 4, 5, 7, 8, 9; Section III – Paragraphs 1, 4; Section III
– Paragraphs___1, 7______________________________________________________.
2. I disagree with Petitioner as to the allegations raised in the following numbered
paragraphs in the Petition and, therefore, deny those issues: {indicate section and
paragraph number}
Section II – Paragraph 2 – Respondent denies all allegations.
Section II - Paragraph 3 - Respondent hereby disputes the provisions of the proposed
Parenting Plan.
Section III – Paragraph 4 – Respondent requests that the parties share uninsured medical
3. I currently am unable to admit or deny the following paragraphs due to lack of
information: {indicate section and paragraph number} _Section I – Paragraph 6.
4. [Choose if applicable] A completed Uniform Child Custody Jurisdiction and
Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law
Form 12.902(d), is filed with this answer as I disagree with the Affidavit filed by the
Petitioner.
5. A completed Notice of Social Security Number, Florida Supreme Court Approved
Family Law Form 12.902(j), is filed with this answer if one has not already been filed in
this case.
6. A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure
Form 12.902(b) or (c), ( ) is, or ( x ) will be, filed.
I certify that a copy of this document was [Choose only one] [
mailed
[ ] hand delivered to the person(s) listed below on {date}
] mailed [
] faxed and
.
Petitioner or his/her attorney:
Name:
Address:
City, State, Zip:
Fax Number:
I understand that I am swearing or affirming under oath to the truthfulness of the claims
made in this answer and that the punishment for knowingly making a false statement
includes fines and/or imprisonment.
Dated:__________________________
Signature of Respondent
Printed Name:
Address:
City, State, Zip:
Telephone Number:
Fax Number:
________________
STATE OF FLORIDA
COUNTY OF
Sworn to or affirmed and signed before me on
by
.
NOTARY PUBLIC or DEPUTY CLERK
[Print, type, or stamp commissioned name of notary
or clerk.]
Personally known
Produced identification
Type of identification produced___________________________
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN
THE BLANKS BELOW:
[fill in all blanks]
I, {full legal name and trade name of nonlawyer}
,
a nonlawyer, whose address is {street} _____________, {city}
,
{state}
, {phone}
helped {name}
,
who is the respondent, fill out this form.
WE WELCOME YOUR FEEDBACK.
The author, and the Florida Association of Legal Document Preparers
sincerely hope that you have found, in this book, the information that you need.
Please contact us directly with your questions or comments – staff@faldp.org –
941-237-0951. Thank you.
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