Wht to do if a summary judgement was issued with no warning before a court date was given?
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Wht to do if a summary judgement was issued with no warning before a court date was given?
A year or so ago I was served in a civil case against my bank for a marine loan. (writ of plevin) The Judge ruled in favor of me and ordered the case go to mediation. We went to mediation with no resolution. It’s been a year. I went to courthouse regarding another matter and found out that I had a date for summary jugement 2 months ago. I went to court that day and found out there was no case for me and that a judgement was already issued a week or so before that.What are my options?
Asked on May 7, 2012 under Bankruptcy Law, Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If there was a motion for summary judgment against you in the lawsuit that you have written about and you received no notice as to the hearing that was ultimately decided against you, I suggest that you consult with an attorney that does civil litigation to ascertain the chances of success for a motion to set aside the decision based upon no notice of the hearing given you. Notice is required to be given to the other side based upon "due process" considerations.
You need to carefully read the court's file and look to see if there was a proof of service upon you concerning the hearing date of this motion and if so, was the proof of service sent to the correct address where you reside. I suggest that you consult with the recommended attorney sooner rather than later.
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