QUESTION
Filed an amend. comp agaisnt a big corp. on 3/2014. Def never filed responsive ans. only ext req, and mot to dismiss. today the MTD with prej grnted
Asked on Oct 08th, 2014 on Foreclosures - Florida
More details to this question:
Defendant never complied with the law requiring a responsive answer. At their hearing to dismiss today, I filed complete documentation proving they had been properly served by Sheriff but never answered the complaint. The only answers they have provided were motions asking for extra time, which they used on-purpose to try and harm the plaintiff when they certified that the extra time was not for the purpose of delay, and would not be used to harm nor prejudice the plaintiff. But the bigger issue is that they never answered the complaint yet got it dismissed with prejudice. Where is it that it states a defendant must provide a responsive pleading to a complaint as an answer? their extra time to answer expired 05/01. For today's hearing as well as twice before, I have filed entry of default requests (with all proof of service and supplemental documentation) and they have been ignored
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
THIS is why people should never represent themselves in lawsuits even though they are allowed to. As the dismissal was with prejudice, your case is over and lost and the responsibility lies solely on the plaintiff's lawyer, i.e. you. Now you are confronted with the potential of paying for the other sides legal fees and costs or the ridiculous expense of reviewing the case for appeal. Should you have futher questions, please feel free to contact our office at 1-800-922-6442 for a FREE telephone or in office conference.
Answered on Oct 09th, 2014 at 11:30 AM
All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.