Legal Question in Real Estate Law in Florida
I just got a summons in the mail. a timeshare is taking me to court over land that is not mine. I just recieved the summons today and it only gave me 20 days to respond in writing. It was dated Feb, 8 2013 and today is March 22 2013, well past 20 days. This company has been trying to tell me I own this property for years. I have never bought nor been anywhere near this Florida timeshare. They can not possibly have my signiture and they don't they tell me the they don't need one. I never bought this timeshare how can they charge me and what can I do?
2 Answers from Attorneys
Have an attorney review the summons and paperwork. If the case is in Florida, it is likely advising you 20 days to file an answer or response from the date you are served NOT the date of the document itself. You said you got it in the mail, is it a small claims case? Service by certified mail is acceptable, but typiclaly a 20 days summons is not used. As for the facts you want to argue, you need to have the papers reviewed so an appropriate response can be filed.
Service of process may be improper, but do not ignore it or you may lose by default.
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