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 |
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?
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.
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.