I filed a motion to dismiss a foreclosure complaint against me. We set a hearing date, but the Plaintiff's counsel has not responded to the motion to dismiss.
Do they have to respond to the motion or can they simply argue their points at the hearing?
Also, I am looking for an attorney in the Orlando area to help me handle this.
General Practice Lawyer
Usually no written response is required to a motion to dismiss. Plaintiff's counsel will presumably argue their position at the hearing you have scheduled, and may or may not present case law to support their arguments at that hearing. The Plaintiff may file additional documents with the court prior to the hearing or perhaps even at the hearing itself. The judge may then: (a) deny your motion, giving you time to file an answer to the complaint; (b) grant your motion and dismiss the complaint, but give the Plaintiff an opportunity to amend the complaint; or (c) grant your motion and dismiss the case outright.
If the complaint is amended, you will have the same obligation to respond that you had with the original complaint, although the judge may change the time period in which you can respond. Pay close attention to any deadlines in the court's order.
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Real Estate Attorney
They can argue the response to the Motion to Dismiss at the hearing.
This answer is provided for informational purposes only and does not create an attorney-client relationship. A more detailed explanation can be provided if you contact our offices directly.
Our firm specializes in Foreclosure Defense and Landlord / Tenant Law. Please visit our websites for more information. http://www.foreclosureandlitigation.com and http://www.webevictions.com. We have offices in Miami, Homestead, and Orlando and we represent clients across the State of Florida.
No, the opposing party does not haave to make a formal response, although it can if it chooses. Whoever made the Motion has the obligation to convince the court to grant it.
Our firm handles foreclosure defense in Florida, and are defending cases in both Ornge and Osceola counties. However, depending on what you raised in your motion, it may well be that an amended motion is in order, prviding more substance. The "internet issues" (those that pro se people are finidng on the internet) are raised constantly, and most judges routinely deny them, so it may well be that opposing counsel doesn't feel mucnh if any need to respond.
If we can assist you, please do not hesitate to contact us. Our contact informatino is on our web site, www.golantlaw.com