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You have been sued. Now what?

Posted by Enita Kushi | Jan 30, 2016 | 0 Comments

The first thing you should look at is who is suing you. Do you recognize the person or entity suing you? The person or entity suing you is called the Plaintiff. A few years back in Naples, a couple was sued by Bank of America seeking to foreclose their home. In reality, the couple had no mortgage on their property.

The second thing you should look at is who else is being sued with you? Your spouse, your child, your parent, your business partner, etc.

The third thing you want to pay attention to is the Summons (the document you are served with). In Florida, in order for the service process to be in compliance with Florida law is must contains 4 crucial information:

  1. the process server's identification number
  2. the process server's initials
  3. date you were served
  4. time you were served

If any of the 4 information is missing, you need to raise the issue that the Plaintiff didn't comply with the law. Check out Vidal v. SunTrust Bank. Key is that must challenge the fact that you are not properly served, otherwise you waive the right that right. If you challenge it and the Judge agrees, the Plaintiff has to serve you all over again. Or the Plaintiff's attorney may simply reserve you once you file your Motion to Quash Service.

The last important thing to remember is read the Summons and figure out how many days you have to respond to the Complaint. In Florida, for state action, you have 20 days to respond from when you were served. You should ALWAYS respond to a lawsuit as you preserve many of you rights that otherwise go away if you are defaulted.

About the Author

Enita Kushi

Enita Kushi, Attorney At Law Enita Kushi skillfully represents clients in foreclosure defense cases and general commercial litigation. Enita is admitted to practice before the state courts of Florida, the United States District Court of Southern and Middle Florida, and the United States Bankrupt...

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