vettegirl Posted November 17, 2008 Report Share Posted November 17, 2008 in Circuit Civil Court? Can't find an online form, how do I go about this? Link to comment Share on other sites More sharing options...
merrybucks Posted November 18, 2008 Report Share Posted November 18, 2008 For what state? Link to comment Share on other sites More sharing options...
legal_loansharking Posted November 18, 2008 Report Share Posted November 18, 2008 Typically all you need to do is send a continuance request. Call the courthouse and find out where to fax it to, all continuances have to be in writing. Link to comment Share on other sites More sharing options...
vettegirl Posted November 18, 2008 Author Report Share Posted November 18, 2008 For what state?Florida. Is there a form or do I just fax a letter? I appreciate any help you have- Link to comment Share on other sites More sharing options...
mcb11902 Posted November 18, 2008 Report Share Posted November 18, 2008 Do a motion to continue; make sure you have a good reason for the continuance, not that you just want to put it off. Then call the Judicial Assistant, get a couple hearing dates, you may even be able to do it on the Uniform Motion Calendar; you'll then have to call the plaintiff's attorney and clear the time on his/her calendar. The Uniform Motion Calendar is typically 5 minutes. If you can't do it in 5 minutes, then the next least amount of time is 15 minutes. Then you call the Judicial Assistant back, tell her the date and then you'll have to do a notice of hearing. You'll have to go to the hearing and be prepared to argue why you need the continuance and how long you need. The hearing on the motion for continuance will need to be before your next scheduled hearing. Link to comment Share on other sites More sharing options...
vettegirl Posted November 18, 2008 Author Report Share Posted November 18, 2008 Thanks!! Here is my situation - my mortgage holder has filed a Motion for Summary Judgement, the hearing is on 11/25. Yesterday I filed a Legal Request for them to produce the original mortgage note, as their foreclosure filing says they do not have it - they have 30 days to produce the note. Should I file a motion for a continuance to give them time to produce the note? Will they likely file one? Or should I attend the hearing on 11/25 and see what happens? Link to comment Share on other sites More sharing options...
admin Posted November 18, 2008 Report Share Posted November 18, 2008 You can always file a motion for continuance, as long as it meets with court procedure. You need to list a valid reason for the request and submit it within a certain time period in court. Link to comment Share on other sites More sharing options...
vettegirl Posted November 18, 2008 Author Report Share Posted November 18, 2008 You can always file a motion for continuance, as long as it meets with court procedure. You need to list a valid reason for the request and submit it within a certain time period in court.I know I'm being dense, but does this mean I can find a sample motion form and complete it and submit it to the Clerk of Court? Do you have a sample motion? Link to comment Share on other sites More sharing options...
merrybucks Posted November 19, 2008 Report Share Posted November 19, 2008 Here is a link to a form used in Ohio http://www.bedfordmuni.org/documents/MotionforContinuanceCV.pdf You can probably use it as a template and change the court information. Link to comment Share on other sites More sharing options...
mcb11902 Posted November 19, 2008 Report Share Posted November 19, 2008 If this is the original creditor (your mortgage hasn't changed hands), there is a procedure in Florida for establishing a lost instrument. Link to comment Share on other sites More sharing options...
vettegirl Posted November 19, 2008 Author Report Share Posted November 19, 2008 If this is the original creditor (your mortgage hasn't changed hands), there is a procedure in Florida for establishing a lost instrument.Original creditor is Countrywide, but lawsuit is filed as "Bank of New York as trustee for CWABS Certificates Series XXXXXXX", and there is a statement about having lost original note. I am trying to stall them to maybe make them more inclined to do a workout. I filed a Legal Request to prioduce original note, and was wondering if I should file a motion for continuance to give them 30 days to produce the note (and me 30 more days before a decision). Thanks in advance for any suggestions- Link to comment Share on other sites More sharing options...
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