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formerpara

Motion for Summary Judgement filed but I was never Served?

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Help!!!! Nothing was filed in my case for 2 years and I have been sick so haven't tried to get rid of the case. Anyway, just checked my docket online and found that the Midland filed a Motion for summary judgement in February but never served me.  What do I do????

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Does it show if a court date for a hearing has been set?  If not, perhaps they've filed but haven't sent you a copy yet.  If a date has been set, I'd be at the courthouse looking in the file to see when they claim they sent me a copy.

 

See what your rules say about responding to a MSJ.  If a date has been set because you were supposedly received your copy, you could still have time to file an opposition.  If you don't have time to respond or would be too rushed, perhaps you could file for a continuance.

 

In fact, even if a date hasn't been set, I'd probably go look in my file just to see if they claim they sent me a copy.

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There is no court date indicated on the docket. The last time something appeared on the docket it was for another case not mine and I made them remove it.  I can't see the document yet because it was locked so I requested that they email me access. I will see if it is even mine. I know an attorney who is really good at this stuff and I will call her tomorrow morning. How long do you usually have to respond to a motion for summary judgement?

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I'm glad you know an attorney that you can contact.  In my state, the motion can be served 10 days before the hearing, and the response (opposition) 2 days before.  Your rules should have summary judgment information.

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It just showed up on the docket out of nowhere because I check it once a month religiously.  They did nothing for 2 years, never replied to my document request and have my address wrong on their last certificate of service.  There is no hearing date or anything else since 2/11/13. I am worried.

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Ok, so I saw the MSJ and the account documents they filed. It was a robosigned affidavit by Jaquelynn Doucette and just a bunch of papers that Midland prepared and a "bill of sale." They never responded to my request for production of documents almost 2 years ago.

I am going to see an attorney tomorrow because I just want this to go away. the last 2 things thay filed in court had a wrong address for service on them. Does that make a difference? I was not aware that they had filed anything until I check it out online.

Help. Any suggestions?

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http://www.flsenate.gov/Laws/Statutes/2012/559.715

Did Plaintiff comply with Florida Statute 559.715.

 

Florida courts have demanded strict compliance with the statute, UMLIC-VP v. LEVINE, 10 Fla

L. Weekly. Supp 336 (2003), and CACH, LLC v QUARTERMAINE, 15 Fla. L. Weekly Supp.

843b (2008).

 

Also you have discovery requests outstanding with the plaintiff MSJ should not be granted.

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You're speaking with an attorney tomorrow and will get answers as to how to proceed.  Did you make copies of the documents in the file to show the attorney?   If you weren't properly notified of the MSJ, he can tell you.   He can also tell you what to do about the outstanding discovery.   Ask him about the amount of time when no action occurred.  If nothing happened for 2 years, what is the time limit for a failure to prosecute?

 

I understand this makes you nervous, but don't borrow trouble.

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I believe that the time limit for failure to prosecute is 10 months but I'm not 100% sure. Also, I saw that in the Midland produced documents they have the wrong birth date down for me so how do I really know that it is me????

As you said the attorney will tell me what to do. She used to be in house counsel for a jdb and got sick of screwing people, so now she represents consumers. I am going to retain her to handle the rest of this. My husband is dying of cancer and I can't take more stress right now.

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If you want this to go away fast immediately file a motion for protective order with sanctions for improperly serving you. Then file a motion to dismiss for lack of prosecution. Then file your objection and start out that objection citing that plaintiff failed to serve you.

 

They will want to dismiss it the minute they get the motion for protective order with sanctions. No attorney wants a valid motion that asks for sanctions to be seen by the court, especially with the crap hand they have been dealt by a JDB.

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10 months sounds familiar, they have an opportunity to respond, but they better have a good excuse, which of course we all know they do not.

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When is the motion on for? I would just try to beat the motion and have the case dismissed on the merits.  That would be best possible outcome out of everything mentioned in this thread already.

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They just filed it without setting a date. I papered them pretty well 10 + days ago including a Good Faith letter with the original Request for Docs. I am filing a motion to compel this week.  I think it;s just a pissing contest and they think that they can scare me.  Booo.................................NOT!!!!!!

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