FloridaGator2

Help: Hearing set for Tomorrow but never got anything in the mail?

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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 by FloridaGator2
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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!

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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.

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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 informed

in any way and request an extension to be able to provide a

proper defense for yourself.

Tell the judge just what you told us. You never heard anything on this

and 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 dismissed

and if not dismissed, I am electing private contractual arbitration

per the cardmemeber agreement".... assuming it is in yours.

But that is just me.

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