FloridaGator2 10 Posted March 15, 2011 Report Share Posted March 15, 2011 (edited) So I just happened to check the clerk of court website after nothing has happened for almost 8 months after I was served my summons (which I answered within 20 days) and lo and behold I have a hearing set for tomorrow at 3:30 and a motion for summary judgment was filed. What the heck do I do now? I am totally unprepared. Edited March 15, 2011 by FloridaGator2 Link to post Share on other sites
FloridaGator2 10 Posted March 15, 2011 Author Report Share Posted March 15, 2011 I guess I just need to ask for an extension and pray? Link to post Share on other sites
MrPunch 30 Posted March 15, 2011 Report Share Posted March 15, 2011 Not sure what you mean you never received anything in the mail... Did they serve you with papers? Did you answer the lawsuit? Did you go through Discovery, subpoena's, etc.. If they never served you, then you can ask the case to be dismissed based on that. If they did, but you didn't go through Discovery of some sort, then you may not be able to ask for anything at this point. I would still go to court and fight. See if the other side even shows up. And if they do, I would fight them till the end. You really don't have much more to loose at this point. Wish you luck! Link to post Share on other sites
FloridaGator2 10 Posted March 15, 2011 Author Report Share Posted March 15, 2011 Not sure what you mean you never received anything in the mail... Did they serve you with papers? Did you answer the lawsuit? Did you go through Discovery, subpoena's, etc.. If they never served you, then you can ask the case to be dismissed based on that. If they did, but you didn't go through Discovery of some sort, then you may not be able to ask for anything at this point. I would still go to court and fight. See if the other side even shows up. And if they do, I would fight them till the end. You really don't have much more to loose at this point. Wish you luck!I was served a summons 8 months ago. I answered within 20 days with my affirmative defenses. After that nothing happened for 8 months until last night I found out I have a hearing today and that the Plaintiff filed for a notice of filing and a motion for summary judgment. I did not receive anything from the Plaintiff or a notice of the hearing. Link to post Share on other sites
donqII 34 Posted March 15, 2011 Report Share Posted March 15, 2011 I was served a summons 8 months ago. I answered within 20 days with my affirmative defenses. After that nothing happened for 8 months until last night I found out I have a hearing today and that the Plaintiff filed for a notice of filing and a motion for summary judgment. I did not receive anything from the Plaintiff or a notice of the hearing.You have to go to court, or they will get that judgment for sure.If it were me I would tell the judge that you were not informedin any way and request an extension to be able to provide aproper defense for yourself.Tell the judge just what you told us. You never heard anything on thisand discovery has not even begun, much less completed.And if it were me, and this is only me, I would say to the judge"under the circumstances your honor, I believe this case should be dismissedand if not dismissed, I am electing private contractual arbitrationper the cardmemeber agreement".... assuming it is in yours.But that is just me. Link to post Share on other sites
