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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.

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?

Lake Wales, FL -

Attorney Answers (3)

Joshua Jonathan Tejes

Joshua Jonathan Tejes

Bankruptcy Attorney - Orlando, FL

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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Joseph Robert Gosz

Joseph Robert Gosz

Litigation Lawyer - Miami, FL

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.

Roberto Mauricio Vazquez

Roberto Mauricio Vazquez

Real Estate Attorney - Orlando, FL

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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