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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 101087
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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A foreclosure complaint was filed in Florida Court County on

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Hi...a foreclosure complaint was filed in Florida Court Lee County on July 16th which then I was served on July 30th....20 days to respond. I have a few questions: 1) If I file a motion for more time...do I ask in the motion for a specific amount of time...or
is that automatic??? 2)I have motions to dismiss as over the 5 year statute of limitations for mortagages, and two other reasons...do I need to respond to the initial complaint first or can I file these motions first and ask for a hearing...file one at a time
and then hearing??? With these motions am I still locked into a certain time to respond to the initial complaint? What's the right strategy...and FL law procedures that are critical with regard to timing and the order by which I do things? Thanks
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts to opt out of participation in phone calls and I may or may not be able to participate in this feature.

1) If I file a motion for more time...do I ask in the motion for a specific amount of time...or is that automatic???

No, one asks in the motion for more time to answer the question, and it is NOT automatic. In addition, the motion may not be able to be set for a hearing before the answer is due, so it is best to file an answer if in doubt, and then simply amend it later as needed.

2)I have motions to dismiss as over the 5 year statute of limitations for mortagages, and two other reasons...do I need to respond to the initial complaint first or can I file these motions first and ask for a hearing...file one at a time and then hearing???

One must still file an answer even if one is filing a motion to dismiss as well.

With these motions am I still locked into a certain time to respond to the initial complaint? What's the right strategy...and FL law procedures

The proper procedure is to file an answer. Then, one can file a motion to dismiss and motion for summary judgment, etc, after this. As long as one is not challenging jurisdiction, the answer is almost always the first thing to be filed.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Customer: replied 1 year ago.
thank you...just what I needed...will get busy on an answer to original complaint...LAST question for now...I'm also filing a counter claim...timeframe or other procedural points of importance guiding the same strategy and timing issues of above?
Expert:  Ely replied 1 year ago.

You are most welcome.

1) Counterclaim should be filed as soon as possible because filing it later may have one miss certain deadlines for legal discovery, etc, and the Court may be unwilling to extend the deadlines to accommodate the late counterclaim.

2) Ideally, the counterclaim is filed with the Answer - same pleading.

3) It is a good idea to initiate legal discovery as soon as possible.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

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