Facing foreclosure in Miami? Florida is a judicial foreclosure state — Miami-Dade County foreclosure cases are generally handled in the Eleventh Judicial Circuit. If you are personally served with a Summons & Complaint, you generally have 20 calendar days to file a written Answer. That clock starts the moment the process server hands you papers — not when you open them. Other methods of service may involve different deadlines. We prepare comprehensive Answers, Motions to Dismiss, Affirmative Defenses, Counterclaims, and all court-ready documents to help Miami homeowners fight back before the deadline expires.
Miami-Dade Circuit Court
73 W Flagler St, Miami — 11th Judicial Circuit
20-Day Deadline
From date of service — not receipt
Juan Fernandez-Barquin
Miami-Dade Clerk of the Courts & Comptroller
Pro Se Document Prep
Prepared for Miami-Dade County filing
Florida is exclusively judicial. Miami-Dade County foreclosure cases are generally handled in the Eleventh Judicial Circuit, and the Miami-Dade Clerk of the Courts & Comptroller, led by Clerk Juan Fernandez-Barquin, maintains the foreclosure case docket. A Lis Pendens may also be recorded in the county's official records to provide notice concerning the property. If you are personally served with a summons and complaint, you generally have 20 calendar days after service to answer — not 20 business days, not from when you open the envelope. Other methods of service may involve different deadlines. Florida's homestead exemption (FL Constitution Art. X § 4) protects unlimited home equity from creditors — among the strongest in the nation. Florida limitation-period issues can be complex. The effect of acceleration, later payment defaults, prior dismissals, and subsequent foreclosure filings depends on the facts and controlling Florida law. A qualified Florida attorney should evaluate whether a limitations defense may apply. The Miami-Dade County court process typically takes 6-12 months — use that time strategically by filing comprehensive Answers, raising affirmative defenses, and forcing the lender to prove standing.
Lis Pendens — Miami-Dade Clerk of the Courts & Comptroller
A public notice recorded in the county's official records. The Miami-Dade Clerk of the Courts & Comptroller maintains both the case docket and official records. This is often the first indication of the lawsuit — you may see it appear on public records before you receive formal service.
Summons & Complaint Served in Miami
Service may occur at your residence or through other legally permitted methods. If personally served, the 20-calendar-day clock starts from the date of service. Weekends and holidays count — do not wait.
File Answer at Miami-Dade Circuit Court
File your Answer, Affirmative Defenses, and Counterclaims with the Miami-Dade Circuit Court. Filing methods may include electronic or clerk-authorized procedures in addition to in-person filing at 73 W Flagler St, Miami, FL 33130. You must admit/deny each numbered allegation, raise affirmative defenses, and assert counterclaims. We prepare all documents — you file them with the court.
If personally served, generally 20 calendar days to respond. File your Answer with the Miami-Dade Circuit Court. Other service methods may involve different deadlines.
If you have been personally served with a foreclosure summons and complaint, you generally have 20 calendar days after service to respond. Seeing a Lis Pendens in the public record does not itself start that response period, and other methods of service may involve different deadlines. We prepare every document you need to file in Miami-Dade Circuit Court. Free consultation. No obligation.