- Who sends it
- The clerk issues it; a sheriff's deputy or process server hands it to you
- What it starts
- 20 calendar days to file a written response with the clerk
- Do this first
- Write down the date you were served and call legal aid the same day
What this document is in Florida
Every Florida home foreclosure is a lawsuit in the circuit court of the county where the home is. The packet you were handed has two parts. The complaint is the lender's lawsuit. The summons is the court's order telling you to respond. Florida's official summons form says it in plain words: "A lawsuit has been filed against you" and "A phone call will not protect you."
For a 1 to 4 family home, the complaint must say that the lender holds the original note, or explain in detail why it has the right to enforce it. If the lender has the note, it must file a sworn certification saying where the note is and who checked it, with copies attached. If the note is lost, a sworn affidavit must be attached instead (Fla. Stat. § 702.015). Read these pages closely; problems with them can matter in your response.
What it does and does not mean
- It does not mean your home has been sold or that you must move. No sale can happen until a judge signs a final judgment.
- It does mean the clock is running. If you do not file a response on time, the lender can ask for a default, and you lose the chance to tell the judge your side.
- A pending loan modification application does not pause your deadline to respond. Keep working with your servicer, but file your response too.
- You may also see a lis pendens recorded in the county records. It is a public notice that the case is pending. It does not change who owns the home.
Your 20-day deadline and how to count it
Florida Rule of Civil Procedure 1.140(a)(1) gives you 20 days after service to serve your answer, and the summons form (Form 1.902) says you have "20 calendar days after this summons is served on you" to file a written response with the clerk.
- Day 1 is the first day after you were served that is not a Saturday, Sunday or legal holiday. Fla. R. Gen. Prac. & Jud. Admin. 2.514(a)(1).
- After that, count every day, including weekends and holidays.
- If day 20 lands on a Saturday, Sunday or legal holiday, your deadline moves to the next day that is not.
- If you file electronically, the last day ends at 11:59:59 p.m. Eastern time. If you file on paper, it ends when the clerk's office closes for filing. Rule 2.514(a)(4).
- If you file a motion instead of an answer and the judge denies it, you usually get 10 days after the order to file your answer. Rule 1.140(a)(3).
See how the whole case runs on how foreclosure works in Florida and how long a Florida foreclosure takes.
What to do this week
- Write the service date on the first page and keep every page together.
- Call the free legal aid office for your county through Florida Law Help: Find a Provider today. If you do not qualify, The Florida Bar Lawyer Referral Service (800-342-8011) offers a 30-minute consultation for no more than $25.
- File a written response with the clerk, either through the Florida Courts E-filing Portal (MyFLCourtAccess.com) or on paper at the clerk's office. Include the case number and the names of the parties.
- Send a copy of your response to the lender's attorney named on the summons. Include an email address in your response unless the clerk excuses you from email service.
- In your response you can ask the judge to send the case to mediation. Florida has no statewide foreclosure mediation program, but a judge can order it in your case.
- Keep sending your servicer a complete loss mitigation application. Read how to stop a Florida foreclosure for every option.
Where to get help in Florida
- Florida Law Help has a foreclosure guide for homeowners and a search for the legal aid office that serves your county.
- Florida Courts: Self-Help Programs lists local court self-help centers that can explain filing steps. They cannot give legal advice.
- A HUD-approved housing counselor can help with your servicer application for free.
- More options are on our Florida foreclosure help page.
Scam warnings tied to this document
- Court cases are public, so companies mail and call people who were just sued. Under Fla. Stat. § 501.1377, a foreclosure-rescue consultant cannot collect any fee until every promised service is done, and you can cancel within 3 business days.
- Never sign over your deed to someone who promises to stop the case.
- Report pressure or upfront fees to the Florida Attorney General's fraud hotline, 1-866-9-NO-SCAM.
The rest of the Florida process
See how foreclosure works in Florida, the timeline, ways to stop it and free help in Florida, or read the national guide to this letter.
Common questions
Is the Florida 20-day deadline counted in calendar days or business days?
Calendar days. The summons form says 20 calendar days after service. Under Rule 2.514 you start counting on the first day after service that is not a weekend or legal holiday, count every day after that, and if day 20 is a weekend or legal holiday the deadline moves to the next day that is not.
Can I just call the lender's lawyer instead of filing something?
No. Florida's summons form warns that a phone call will not protect you. Only a written response filed with the clerk, with a copy sent to the lender's attorney, keeps you in the case.
What if I miss the 20 days?
The lender can ask the court for a default, which means you are treated as not contesting the case. Call legal aid right away, because a lawyer may still be able to act, but the earlier the better.
Do I need a lawyer to respond to a Florida foreclosure?
You can file a response yourself, and the summons explains how. Because the lender must prove its right to foreclose under section 702.015, many homeowners try to get legal aid or a lawyer to review the complaint before the deadline.
Other Florida letters
- Order to Show Cause for Entry of Final Judgment of ForeclosureAn order to show cause under Fla. Stat. § 702.10 sets a hearing where you must show why the judge should not enter a final judgment of foreclosure. If you do not appear or file papers, the judge can treat that as giving up your right to be heard. It is one of the fastest routes to a foreclosure judgment in Florida.
- Final Judgment of ForeclosureThe final judgment is the judge's order that the clerk sell your home if the amount in it is not paid. It sets the sale date, usually 20 to 35 days later. You can still stop the sale by paying the full judgment amount before the clerk files the certificate of sale.
- Notice of Sale (Notice of Foreclosure Sale)In Florida the notice of sale is the public ad for the clerk's auction of your home after a final judgment. It must run for at least 2 weeks before the sale. Until the clerk files the certificate of sale, you can still stop the sale by paying the full judgment amount.
- Certificate of Sale and Certificate of TitleThe certificate of sale is the clerk's record that your home was sold at auction, and filing it ends your right to pay off the judgment. If no one objects within 10 days, the clerk files a certificate of title and the buyer becomes the owner.
- Writ of PossessionA writ of possession is the court paper that orders the sheriff to remove everyone from the home and put the new owner in possession. In Florida it comes after the certificate of title and a court order. Clerks report that once the sheriff serves it, everyone must be out within 24 hours.
Sources
- Florida Rules of Civil Procedure (October 1, 2026): Rule 1.140 and Form 1.902 Summons
- Florida Rules of General Practice and Judicial Administration (July 1, 2026): Rule 2.514 Computing Time
- Fla. Stat. § 702.015, Elements of complaint; lost, destroyed, or stolen note affidavit
- Duval County Clerk of Courts: Foreclosure
- Florida Law Help: Foreclosures
- Florida Law Help: Find a Provider
- The Florida Bar Lawyer Referral Service