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
Answered

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.

Joseph Robert Gosz

Joseph Robert Gosz

Litigation Lawyer - Miami, FL
Answered

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
Answered

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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