What to Do If Someone Files a Lawsuit Against You?

You just got handed a thick envelope by a process server, or you opened your mail to find a Summons and Complaint with your name on it. Someone has filed a lawsuit against you in Florida, and the clock is already running. Every day you wait shrinks your options.

TL;DR — QUICK SUMMARY

• If you’ve been served with a civil lawsuit in Florida, you generally have 20 days to file a written response with the court — miss it and the other side can ask for a default judgment against you.
• If you’ve been served only with a request for records or discovery (not a full complaint), you typically have 30 days to respond under Florida’s Rules of Civil Procedure.
• Do not ignore the papers, do not throw them away, and do not call the person suing you — anything you say can be used against you.
• Florida’s personal injury statute of limitations gives the other side a deadline too: under Florida Statute § 95.11(3)(a), most negligence suits filed for incidents on or after March 24, 2023, must be brought within two years.
• If the lawsuit involves a car crash, slip and fall, or other injury where you were also hurt, The Reyes Firm can review whether you have a counterclaim or independent personal injury claim of your own.

What does it mean when someone files a lawsuit against you in Florida?

When someone files a suit against you, it means they have filed a formal Complaint with a Florida court asking a judge to find you legally responsible for something and to order you to pay money or take some other action. You become the “Defendant.” The person suing you is the “Plaintiff.” Once that Complaint is filed and you are properly served, you are officially in litigation — whether you respond or not.

Service of process is the legal step that puts you on notice. In Florida, that usually means a sheriff’s deputy or a private process server physically delivers the Summons and Complaint to you, leaves it with someone over 15 at your usual place of residence, or in some cases serves a designated registered agent. Once you’re served, the deadline clock starts running, and the court considers you formally on notice of the case.

⚠️ Deadline Warning: Under Florida Rule of Civil Procedure 1.140(a), you generally have only 20 days from the date of service to file a written response to a civil complaint. If you miss that deadline, the plaintiff can ask the court for a default judgment — meaning they can win the case and a money judgment against you without you ever being heard. Do not wait to call a lawyer.

How long do you have to respond after being served with a Florida lawsuit?

You generally have 20 days from the date of service to file a written response with the court if you’ve been served with a full Summons and Complaint in a Florida civil case. That 20-day window is set by Florida Rule of Civil Procedure 1.140(a), and the day you are served does not count — the clock starts the next day. Weekends and holidays are included in the 20 days, except that if the 20th day falls on a weekend or court holiday, you get until the next business day.

If you were served with something narrower, like a request for production of documents, interrogatories, or a subpoena for records, the deadline is usually 30 days to respond under Florida’s discovery rules. Pre-suit demand letters and insurance claim notices have their own timelines too. Different documents trigger different clocks, and the wrong assumption costs people their cases every week in Florida.

Here are the deadlines that most commonly apply:

• Summons and Complaint: 20 days to file an Answer or motion under Fla. R. Civ. P. 1.140(a)
• Discovery requests (interrogatories, requests for production): 30 days to respond under Fla. R. Civ. P. 1.340 and 1.350
• Small claims (under $8,000): The summons sets a pre-trial conference date, and you must appear in person or through counsel
• Eviction actions: Just 5 business days to file a written response under Fla. Stat. § 83.60
• Service by publication or out-of-state defendant: Often longer than 20 days — read the summons carefully

What are the 7 steps to take if someone files a suit against you in Tampa?

These 7 steps protect your legal rights and preserve your ability to fight back. The order matters.

1. Read every page of what you were served. The Summons tells you how long you have to respond, where to file, and the case number. The Complaint lists the specific claims and the dollar amount being demanded. Note the date and exact time you were served — this controls your 20-day deadline.
2. Do not contact the person suing you. Anything you say can become evidence. Do not call them, do not email, do not message them on social media, and do not post about the case anywhere online. Even a casual apology can be twisted into an admission of liability.
3. Notify your insurance company in writing immediately. If the lawsuit involves a car crash, a slip-and-fall on your property, a dog bite, or anything covered by liability insurance, your policy likely requires prompt notice. Insurers can deny coverage if you sit on the papers. Your insurer may also be required to provide you with a defense attorney at no out-of-pocket cost.
4. Preserve all related evidence. Save texts, emails, photos, dashcam footage, repair estimates, medical records, and anything else that touches on the underlying incident. Do not delete posts, photos, or messages — that can lead to spoliation sanctions later.
5. Talk to a Florida attorney before the 20-day clock runs out. An attorney can identify defenses, raise procedural challenges, file a Motion to Dismiss instead of an Answer, or negotiate an extension. Filing the wrong response — or none at all — is how people end up with default judgments and wage garnishments.
6. If you were also hurt in the same incident, get a personal injury consultation. Many people who get sued after a car crash were themselves injured in that same crash. You may have a counterclaim or a separate negligence claim against the plaintiff. A Tampa personal injury attorney can evaluate whether the facts support shifting fault back where it belongs.
7. Call The Reyes Firm before signing anything. If anyone asks you to sign a release, settlement, or recorded statement, do not sign until a lawyer reviews it. Call 833-4 BAD DAY for a free consultation about your rights.

What happens if you ignore the lawsuit or miss the 20-day deadline?

If you ignore the lawsuit or miss the 20-day deadline, the plaintiff can ask the court clerk to enter a default against you, which strips away your right to defend the case. After that, the plaintiff can ask the judge to enter a final default judgment for the full amount they’re demanding — plus interest, costs, and sometimes attorney’s fees — without you ever putting on a single piece of evidence.

A Florida default judgment is not a bluff. It can be recorded against your real estate as a lien, used to garnish your bank accounts, used to seize non-exempt assets, and reported to credit bureaus where it stays on your record for years. Vacating a default after the fact is possible but legally difficult, expensive, and never guaranteed — courts require you to show “excusable neglect” plus a meritorious defense plus due diligence.

💡 Did You Know? Florida courts process tens of thousands of default judgments every year against people who simply did not respond to a lawsuit. The most common reason is not the merits of the case — it is missed deadlines, lost mail, or the belief that “if I ignore it, it will go away.” It will not. Source: Florida Courts Statistical Reference Guide, flcourts.gov.

Can you be sued and also have your own injury claim from the same accident?

Yes — being sued does not erase your own right to recover for injuries you suffered in the same incident. Florida law treats fault as a sliding scale, not an all-or-nothing label. Two people involved in the same crash can each have legitimate claims against the other, and the case is ultimately decided by which side the evidence and the jury support.

For example, a Tampa driver gets sued by another motorist who claims the Tampa driver caused a rear-end collision. But the Tampa driver was also hurt — back injuries, ER bills, missed work — and dashcam footage shows the other driver brake-checked them and was on the phone. That Tampa driver doesn’t just have a defense. They have a potential affirmative personal injury claim of their own that can be filed as a counterclaim in the same case.

🛡️ Your Rights Under Florida Law: Under Florida Statute § 768.81, your compensation is reduced by your share of fault, and you may be barred from recovery if you are found greater than 50% responsible for your own harm. The flip side is that even if the other party sues you first, you can still recover for your injuries as long as the jury assigns you 50% or less of the fault. An experienced Tampa personal injury lawyer works to protect the facts, challenge unfair blame, and keep your percentage of fault as low as the evidence allows.

Who pays your attorney if you get sued after a car accident in Florida?

In most car accident lawsuits, your auto liability insurance carrier pays for the defense attorney — that is one of the core protections you bought with your liability coverage. Florida policies typically include a “duty to defend” clause, meaning the insurer must hire and pay a defense lawyer to represent you, even if your liability is unclear, as long as the claim falls within your coverage. The insurer pays the legal fees up to your policy limits.

If the lawsuit is not covered by insurance — for example, an intentional act, a contract dispute, or a claim exceeding your policy limits — you will need to hire your own defense attorney, or seek excess coverage if available. The Reyes Firm represents injured plaintiffs, not defendants in personal injury suits. But we frequently advise clients who were both sued and injured in the same crash, and we can review whether you have an independent injury claim worth pursuing.

How The Reyes Firm helps if you were sued and also injured

When the other side files first, it can feel like the whole world is against you. The plaintiff’s lawyer is already framing the story, the insurance adjusters are circling, and suddenly you’re the one labeled as “at fault” — even if the crash was anything but your doing. We make sure your side of the story gets told.

When someone who was sued comes to us and they were also hurt in the same incident, we typically:

• Review the lawsuit and the underlying incident, looking for evidence the plaintiff caused or contributed to their own injuries, and identifying the strength of any counterclaim you may have
• Coordinate with your insurance defense attorney, making sure your defense lawyer and your injury lawyer are aligned, not working at cross-purposes
• Investigate the accident independently, pulling 911 audio, traffic camera footage, witness statements, dashcam recordings, and any evidence that supports your version
• Document your injuries in full, connecting you with medical providers and tracking the long-term cost of your treatment, lost income, and reduced quality of life
• Evaluate a counterclaim or third-party claim, weighing whether filing your own injury claim inside the existing case strengthens your overall position
• Handle all communications with opposing counsel, keeping you from saying anything that could be used against you on either the defense or the offense side

No lawyer can promise an outcome. What we can promise is that we treat your situation as what it is: a real legal fight where you have rights on both sides of the “v.” We explain every option in plain language and help you decide what fits your case.

Frequently asked questions about being sued in Florida

How many days do I have to respond to a lawsuit in Florida?

You generally have 20 days from the date of service to file a written response to a civil Complaint, under Florida Rule of Civil Procedure 1.140(a). The day you are served does not count, and if the 20th day falls on a weekend or court holiday, you get the next business day. Different deadlines apply to small claims, eviction, and discovery requests.

What happens if I don’t respond to the lawsuit at all?

If you don’t respond, the plaintiff can ask the clerk to enter a default and then ask the judge for a final default judgment for the full amount they’re demanding. That judgment can be used to garnish wages, levy bank accounts, place liens on real estate, and damage your credit for years. Vacating a default after the fact is hard and never guaranteed.

Do I need a lawyer if I’ve been served with papers?

In almost every civil case worth more than a few hundred dollars, yes. The rules of pleading are technical, missing the wrong deadline can permanently waive defenses, and filing the wrong type of response can lock you into a worse position. If the suit involves a car crash, slip-and-fall, dog bite, or premises liability claim, your insurance carrier usually has a duty to provide and pay for a defense attorney — call them the same day you are served.

What if I was also injured in the same accident the plaintiff is suing me over?

You may have your own personal injury claim, even though you are listed as the defendant. Under Florida Statute § 768.81, you can recover for your injuries as long as the jury assigns you 50% or less of the fault. The Reyes Firm can review your case and advise on whether a counterclaim or separate injury claim makes sense.

What is a default judgment and can it be undone?

A default judgment is a court order entered against you when you fail to respond on time. It can sometimes be vacated under Florida Rule of Civil Procedure 1.540, but only if you can show excusable neglect, a meritorious defense, and that you acted with due diligence once you learned of the default. Courts are not generous with these motions, which is why responding within 20 days is so critical.

How long does someone have to sue me in Florida after an accident?

Under Florida Statute § 95.11(3)(a), most negligence-based personal injury lawsuits filed for incidents on or after March 24, 2023, must be brought within two years of the date of the incident. Different statutes of limitation apply to contract disputes, fraud, defamation, and other claims. If someone files outside the deadline, that’s a powerful defense.

Will my insurance company hire a lawyer for me if I get sued over a car crash?

In most cases, yes — your auto liability policy includes a “duty to defend” that requires the insurer to hire and pay defense counsel for you, even when liability is disputed, as long as the claim falls within coverage. You must give your insurance company prompt written notice of the lawsuit. Sitting on the papers can void your coverage.

Can I sue the person who sued me back?

Yes, this is called a counterclaim. If you have your own injury or damage claim arising out of the same accident or transaction, Florida’s compulsory counterclaim rule generally requires you to bring it inside the existing case. Failing to assert it can mean losing it forever. A personal injury attorney can evaluate whether you have a viable counterclaim before your Answer is filed.

What if the lawsuit was served on me in Tampa but the accident happened in another Florida county?

The lawsuit still proceeds in whatever county the plaintiff properly filed it, which is usually where the accident happened or where you live. Your response deadline doesn’t change based on county. The Reyes Firm serves clients throughout Hillsborough, Pinellas, Pasco, Polk, Orange, Seminole, Osceola, Lake, and Marion counties.

About the Attorney

Edward Reyes, Esq.

Edward Reyes, Esq. is a Florida Bar-admitted personal injury attorney and the founder of The Reyes Firm in Tampa, Florida. His practice focuses on serious injury and wrongful death cases arising from car accidents, truck crashes, premises liability, and other negligence claims. Edward Reyes, Esq. represents injured Floridians in Tampa and throughout Hillsborough County on a contingency fee basis, meaning clients pay nothing unless the firm recovers compensation for them.
Read more about Edward Reyes.

The information in this blog post is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship with The Reyes Firm. Every case is unique. If you have been served with a lawsuit or injured in an accident, consult a licensed Florida attorney about your specific situation.