Florida Statutes 49.09 – Notice of action, return day
Current as of: 2024 | Check for updates
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Terms Used In Florida Statutes 49.09
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- defendant: means any party on whom service by publication is authorized by this chapter, without regard to his or her designation in the pleadings or position in the action. See Florida Statutes 49.031
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Plaintiff: The person who files the complaint in a civil lawsuit.
- plaintiff: means any party in the action who is entitled to service of original process on any other party to the action or any person who may be brought in or allowed to come in as a party by any lawful means. See Florida Statutes 49.031
- publication: includes the posting of the notice of action as provided for in ss. See Florida Statutes 49.031
The notice of action, except in foreclosure proceedings as defined in s. 702.09, shall require the defendant to file written defenses with the clerk of the court and to serve a copy not later than the date fixed in said notice, which date shall be not less than 28 nor more than 60 days after the first publication of the notice on plaintiff or his or her attorney whose name and address shall appear in, or be annexed to, said notice. In foreclosure proceedings, the notice of action shall require the defendant to file written defenses with the clerk of the court and to serve a copy within 30 days after the first publication of the notice on plaintiff or his or her attorney whose name and address shall appear in, or be annexed to, said notice.