How do I reschedule a hearing for a motion to dismiss in Circuit Civil on short notice.

Asked about 1 year ago - New Port Richey, FL

I filed a motion to dismiss in a foreclosure case, the plaintiff scheduled a hearing for 7/12 in and I did not receive notice of hearing until after 7/3. What form do I use?

Attorney answers (2)

  1. W Chase Carpenter

    Contributor Level 10

    Answered . The fact that you received notice on 7/3 does not necessarily mean the Plaintiff’s attorneys did anything wrong. Unfortunately, the date for the hearing is tomorrow 7/12, which leaves you in a tough spot. If you are truly unavailable, then your best bet is to contact the opposing counsel and see if you can work out a cancellation. Given the short time we’re talking about, it is unlikely that you’ll be able to do that. Therefore, you’ll need to show up to the hearing and likely the Court will have you argue the motion on that date. If you win, likely the Plaintiff’s attorneys will have an opportunity to amend the complaint. If you lose, you’ll be given a time period (generally 10-20 days) within which to file and serve and answer to the complaint. These foreclosure suits are not as straightforward as they may seem and, therefore, I would highly advise consulting with an attorney. Litigation is complicated and the rules of civil procedure are often complex and unforgiving. Additionally, a new foreclosure law just went into effect on July 1, 2013. Many attorneys will offer you a free consultation that, at the very least, can give you a better picture of where you stand legally and what potential defenses you may have.

  2. Robert Edward Fenster

    Contributor Level 14

    Answered . While it is considered unprofessional to schedule a Hearing without confirming with the opposition, there is nothing you can do without a valid reason not to have the matter heard on that day. What is your reason?

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