Legal Question in Credit and Debt Law in Florida

Re: Notice of Hearing on Plaintiff's Motion for Summary Judgement

A Motion for Summary Judgment is usually the bank's way of telling the judge that you have no defenses and that the house should go to sale quickly.

You can appear by phone if the judge allows it beforehand. You are not entitled to a public defender.

You should attend the hearing if you want to save the house. Better yet, if you plan on filing Chapter 13 (the "save the house by making payments" type of bankruptcy), you should do file bankruptcy very quickly. If you plan on letting the house go in a Chapter 7 (the "erase my debt" type of bankruptcy), you may be able to skip the hearing and you may have a little more time to file bankruptcy.

Either way, you should consult a bankruptcy lawyer immediately. I know you say you can't afford a lawyer, but you're at the point where getting a lawyer is critical. You can't afford NOT to have a lawyer.

Re: Notice of Hearing on Plaintiff's Motion for Summary Judgement

First things first...breathe!! Now is no time to panic. One should not panic until his/her lawyer tells them its time to panic. This is why you are panicking prematurely.

First, we need to determine if this is an action based on a mortgage, a car note, a credit card, or what. If this is for a credit card or car loan, then the effect of a final judgment is to open the doorway for the creditor to obtain writs for garnishing wages, bank accounts, etc. If this is a mortgage foreclosure, then the effect of the final judgment would be to extinguish your interest in the house and set an auction date.

Regardless of the type of case, your rights are going to be significantly changed at this hearing. The bad news is that public defenders only are available in criminal cases, not debt collection cases. Bringing in an attorney at this point in the game to defend you will be very difficult, since you are very late in the day. There is an outside chance that you might be able to get a continuance, but you would need to give a VERY GOOD reason for continuing the case.

Filing for bankruptcy would be your most economical and definitive solution, but none of us work for free outside of Legal Aid. You are in Clearwater, so your closest Legal Aid office would likely be:

Gulfcoast Legal Services, Inc. - Clearwater Office

314 South Missouri Avenue, Suite 109, Clearwater, FL 33756

(727) 443.0657

www.gulfcoastlegal.org

They may have a bankruptcy assistance program, if you qualify. If not, then you will have to hire a bankruptcy lawyer. Our office can help you, but you would have to get on our calendar immediately. Why don't you get on our calendar for a free consultation, so we can give you some more detailed advice about your situation.

Go to www.LaBellaLaw.com and click on the Free Consult button.