Legal Question in Credit and Debt Law in Florida

Civil Case � Florida � On Aug 1, 2013 court docket reflects a filing from X in response to Y�s request. Both X and Y resides in same state. However, as of Aug 15, Y has yet to receive X�s filing. Is this a �normal� time frame? Because I thought the when X filed their Answer to Y�s request it had to be mailed on the day of filing. Is this correct? What should Y�s course of action be? Thanking you in advance ~ Y

Asked on 8/15/13, 8:19 am

2 Answers from Attorneys

Byron Petersen Byron G. Petersen P.A.

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Well phrased!

The general rule is that a filing is to be done followed by service a reasonable time thereafter- not vice versa.

This is not the place to stand on ceremony or principle. You need to see the court document. The filing may ask for relief to which the filer is not entitled and you do not want to be stuck behind the proverbial 8- ball. Email and mail a request to the adverse party or, as applicable, their counsel asking that a copy of the subject filing be sent to you right away.

Also do not entertain the idea that the attorney could be sanctioned for lack of or delayed service. He (or she) will just say service was accidentally overlooked or had been left to an assistant. If the filer is not an attorney but a layman there is absolutely no chance whatsoever for sanctions or rebuke.

Byron Petersen

Answered on 8/15/13, 9:39 am

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