When to File a Motion to Dismiss in a Civil Suit in Florida
Once you are served with a civil suit in Florida, you have 20 days to file a response. The response doesn't necessarily have to be an answer to the complaint, it can be a motion to dismiss or a motion to quash service. If you think the plaintiff's complaint is administratively incorrect --- meaning it contains procedural errors --- you may motion the court to dismiss the complaint. Normally, the court will not completely dismiss the complaint but order other relief.
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Instructions
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File a motion to dismiss --- a pleading that requests that the court dismiss the plaintiff's complaint for a specific reason --- in response to the initial complaint. There are several reasons, but the most common are that the defendant was not served properly --- usually served in conjunction with a motion to quash service --- or that the complaint was deficient. If a complaint is deficient, it does not follow the Florida Rules of Civil Procedure properly.
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Ask the clerk to give you a hearing date for your motion to dismiss. The case cannot move forward until the court enters an order on the motion to dismiss. If the plaintiff's complaint is seriously deficient, the court may order the plaintiff to file an amended complaint. The lawsuit is not dismissed, but your motion to dismiss was taken into consideration and the court, in asking for an amended complaint, is giving the plaintiff a chance to fix the errors in its complaint.
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File a motion to dismiss if, during or just after the discovery process, you find information that proves the plaintiff's complaint is fraudulent or frivolous. Be sure to include your proof of a fraudulent or frivolous lawsuit as exhibits to your motion to dismiss. Obtain a hearing date as soon as possible. Notify the clerk that you are pro se --- not represented by an attorney --- and that you will need a hearing date. Be prepared to prove your findings to the court at the hearing.
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