How long do I have to respond to a summons? 

How do I start a lawsuit?

A lawsuit also known as a case is a legal action filed in court to settle legal disputes among parties.  Often the plaintiff is seeking money, costs, interest, and attorney fees from one or more defendants. Although it is generally not necessary to to have an attorney to file a lawsuit or represent a defendant in one, it is generally advisable.  The Complaint is the legal document which sets forth the claims being made in the case and its filing together with the filing fee is what starts the lawsuit.  Typically, cases should be filed in the county in which the incident took place or defendant resides. If the case is filed in the wrong county, the defendant may ask the court to change the venue to the correct county.

How long do I have to respond to a summons?

Generally, you have just 20 calendar days from the day you were served with the summons and complaint to file a response to the lawsuit with the court -although in some instances you may have only 5 days to respond depending on the nature of case. If you do not timely file a response you may be defaulted from the case.  This means that you are deemed to admit all the well pled allegations asserted against you and you will need to ask the court to get out of the default.  If you are defaulted, then a default judgment can be entered against you.  It is therefore critical that you act quickly to consult a lawyer once served with a summons and a complaint.  A summons may be served by the Sheriff, a process server, or even by certified mail if part of small claims case. Certified mail can only be served within the State of Florida. 

How do I respond to a lawsuit?

Parties can respond to lawsuits in a variety of ways.  Sometimes it may be advisable to seek more time, sometimes a motion to dismiss the lawsuit altogether and sometimes a countersuit is necessary.  An Ormond Beach lawyer can help you decide how to best respond to the lawsuit in conformity with the Florida Rules of Civil Procedure.

How long does a lawsuit take?

All judges are required by the Florida Supreme Court to conclude litigation as soon as it is reasonably and justly possible to do so.  Therefore, although not always possible, most judges require that trials be held within 18 months of filing of the complaint.

What is mediation?

Mediation is a confidential discussion between the parties done to aid the parties in settling the case.  Mediation is usually conducted by a certified mediator who may be conducted by a retired judge or retired trial counsel.  Generally the parties split the cost of mediation. If mediation is not successful, the mediator will send the parties back to the judge to hold a pre-trial conference. During the pre-trial conference, the judge will then narrow the factual issues to be resolved at trial and settle any legal issues which are subject to determination. If the case is not settled at this conference, the court will set a date, time and place for the trial. The Plaintiff and Defendant are not to bring any witnesses to the mediation or pre-trial conference.

Can I lose my home if a judgment entered against me?

In Florida, your home is generally protected from unsecured creditors.  This means that in general your home is protected from a forced sale even if a judgment is entered against you.  However, this does not hold true if you have been sued by a secured creditor who is seeking to foreclose on your home, such as a mortgage lender or bank.  In foreclosure actions, if the bank is award a final judgment of foreclosure, the home will be assigned a sale date where it will be sold at auction to the highest bidder. 

How do I keep my home if I’m sued for foreclosure? 

It may be possible to keep your home even after you’ve been sued for foreclosure.  Generally, by law, homeowners have the right to make up the missed payments on their mortgage and be reinstated into the loan.  Additionally, a modification of the terms of the loans may be possible or bankruptcy may be an option.  In other instances, the case may have defects that prevent the bank from obtaining a judgment.

What do I do after I’ve been sued?

If you’ve been sued, then you can act swiftly in contacting Central Florida foreclosure defense attorney Andrew J. Pascale for a consultation.  This blog does not constitute legal advice and is for illustrative purposes only.