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I received my summons and complaint tonight on 11/8/2012. There is a summary for final judgement hearing on 11/27/2012.

Lake Wales, FL |
Filed under: Foreclosure

Does this mean that I'm not entitled to my 20 days, to respond to the foreclosure summons? Can they rush into a hearing for a final summary judgement only 19 days after being served in a Florida foreclosure?

Attorney Answers 3

Posted

The Plaintiff can rush for a summary judgment but they cannot only give you 19 days notice before the hearing. You should speak to an attorney to make sure that your arguments are made correctly.

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Keith Adam Halpern

Keith Adam Halpern

Posted

Get yourself one of these attorneys to help you now.

Posted

A motion for summary judgment (and supporting testimony) must be served 20 days or more before the hearing on the motion. Without seeing the Complaint and the Motion, I can't say much more. Perhaps the case has been pending for a while, another defendant was served earlier, and the plaintiff is only moving for summary judgment as to that defendant. I can't say anything with certainty other than the rule I typed first. You should probably consult an attorney and take the court filings with you.

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Asker

Posted

Joseph, no party was served prior, and the case was not pending. A lispendens was filed on 10/10/2012 a motion to show cause was filed on 10/23/2012, and I received a letter from the court on the final summary hearing on 10/27/2012. The hearing is set for 11/27/2012, and I was just served with the foreclosure papers tonight on 11/8/2012. The hearing is within 19 days. The summons that I received tonight gives me 20 days to respond..

Posted

If you were served with the foreclosure paperwork today, I see no reason why you wouldn't have twenty days to respond to the complaint. The only reason I can think of that a summary judgment hearing is already set would be if it were a Motion for Partial Summary Judgment against some party that was previously served.
You should probably consult with a foreclosure defense attorney who can make sure all of the plaintiff's paperwork is in proper order.

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Asker

Posted

Robert no party was served prior, and the case was not pending. A lispendens was filed on 10/10/2012 a motion to show cause was filed on 10/23/2012, and I received a letter from the court on the final summary hearing on 10/27/2012. The hearing is set for 11/27/2012, and I was just served with the foreclosure papers tonight on 11/8/2012. The hearing is within 19 days. The summons that I received tonight gives me 20 days to respond..

Keith Adam Halpern

Keith Adam Halpern

Posted

Check the docket really closely, and ensure that you have an affidavit in opposition to summary judgment (for homeowner) filed and served on the other side no less than five (5) days BEFORE the day of the Summary Judgment if such hearing is actually on the Court's Calendar. Service of Process is often an issue with these hearings. Watch closely and get an attorney now.

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