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I was checking the Public Records in our County today, when I notice that a Foreclosure Action was filed with the Courts on May 10, 2013, with a date on the Complaint of May 2, 2013.  The Complaint was Electronically filed on 5/10/2013.  A copy of the Lis Pendens was filed in the Public Records on 5/29/2013.  

I was under the impression that the Defendants must be served before the Complaint is filed with the Courts.  Is this Correct.  I'm in Florida BTW.
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Eddy wrote:
<span style="font-size: medium; font-family: helvetica; color: #000000;">I was checking the Public Records in our County today, when I notice that a Foreclosure Action was filed with the Courts on May 10, 2013, with a date on the Complaint of May 2, 2013.  The Complaint was Electronically filed on 5/10/2013.  A copy of the Lis Pendens<span style="font-family: Verdana, Helvetica, sans-serif;"> was filed in the Public Records on 5/29/2013.  <br><br>I was under the impression that the Defendants must be served before the Complaint is filed with the Courts.  Is this Correct.  I'm in Florida BTW.</span></span>


RULE 1.080 SERVICE OF PLEADINGS AND PAPERS

(d) Filing. All original papers shall be filed with the court either before service or immediately thereafter. If the original of any bond or other paper is not placed in the court file, a certified copy shall be so placed by the clerk.

http://phonl.com/fl_law/rules/frcp/

You should read the Rules of Civil Procedure. You should read them very quickly so you understand what the process is, then read them again. Once you are served, you have a very limited time to respond or you will have a default judgement granted against you. There are a few good lawyers in FL,and a lot of bad ones. You need to find a lawyer or start a lot of research.
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Ted
Quote:
RULE 1.080 SERVICE OF PLEADINGS AND PAPERS

(d) Filing. All original papers shall be filed with the court either before service or immediately thereafter. If the original of any bond or other paper is not placed in the court file, a certified copy shall be so placed by the clerk.

http://phonl.com/fl_law/rules/frcp/

You should read the Rules of Civil Procedure. You should read them very quickly so you understand what the process is, then read them again. Once you are served, you have a very limited time to respond or you will have a default judgement granted against you. There are a few good lawyers in FL,and a lot of bad ones. You need to find a lawyer or start a lot of research.

The point above is an excellent one. But the key idea is to read the Rules as to your jurisdiction.

In many places, parties are required to serve pleadings, motions, applications for orders, hearing notices and other official papers BEFORE they are filed. But when this is the rule it typically applies only to those filings after the original petition or complaint. Generally, that very first filing is done in advance of service and then defendants are service a summons or citation (depends upon the state).

One someone has been served with the summons and becomes a party to a suit, then different rules apply. And in many places the subsequent filings have to be served first. Even so, the requisites of service are much less stringent after someone is made a party by being served the original summons or citation. In many places, subsequent service can be by certified mail, by facsimile, and even in a few places by regular mail or e-mail.

In many jurisdictions, the subsequent filings are required to include a certificate or affidavit of service attesting that all other parties have been served, giving the address and manner of service, etc. Thus, one has to serve first in order to file these subsequent papers. As a practical matter, many attorneys will prepare the filing and the additional service copies and will drop both the filing and the service copies in the mail OR will deliver the filed copy to the courthouse and might stop by the post office afterwards. As long as the other parties get a timely copy, no one is going to make a big fuss about this.

Key idea though is to know and understand the rules. Also, while taking exceptional care to follow the rules, avoid getting too caught up in trying to cry foul when your adversaries are breaking the rules. Unless you are actually prejudiced by the violation, the court isn't going to be very interested.
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Lucky
Eddy wrote:
I was checking the Public Records in our County today, when I notice that a Foreclosure Action was filed with the Courts on May 10, 2013, with a date on the Complaint of May 2, 2013. The Complaint was Electronically filed on 5/10/2013. A copy of the Lis Pendens was filed in the Public Records on 5/29/2013. I was under the impression that the Defendants must be served before the Complaint is filed with the Courts. Is this Correct. I'm in Florida BTW.


You certainly want to read the rules. You might consider reading the current rules though and not whatever version that previous link brings you to.

The current rules are located here: http://www.floridabar.org/TFB/TFBResources.nsf/0/10C69DF6FF15185085256B29004BF823/$FILE/Civil.pdf

"RULE 1.050. WHEN ACTION COMMENCED Every action of a civil nature shall be deemed commenced when the complaint or petition is filed except that ancillary proceedings shall be deemed commenced when the writ is issued or the pleading setting forth the claim of the party initiating the action is filed.

RULE 1.070. PROCESS (a)Summons; Issuance. Upon the commencement of the action, summons or other process authorized by law shall be issued forthwith by the clerk or judge under the clerk‘s or the judge‘s signature and the seal of the court and delivered for service without praecipe."

So the Plaintiff files the complaint with the court. The court issues a 20 day summons. The next step is for the process server to come to your house and serve you a copy of the summons and the complaint. Once served you will have twenty days to respond. You can either file a Motion to Dismiss or you can file an answer to the complaint.
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Thanks for all the timely reply/suggestion.  I'm in the process of reviewing and familiarizing myself with Florida Rules.  I will have more questions as I go along.  Thanks again.
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Ralph
Read the Rules about three times. Be sure to make some notes as to which Rules seem to be relevant in your case. (This will change as the case progresses.)

After you have read the Rules three times go to Google Scholar and read the cases on these same Rules. You will get a much clearer idea of how these Rules apply in practice by also reading the cases.

Google Scholar is at:

http://scholar.google.com/

Use the Advanced Options to limit the search results to Florida decisions. Then search both using the Rule number, as well as some of the key words or ideas relating to each rule.

Be sure to also go through the older posts here at the Forum to read Mr. Roper's insightful posts. These give a very sound overview of almost every conceivable foreclosure defense.

As you progress through the stages of your case, you should take care to RE-READ the Rules immediately after reading each and every new filing by the plaintiff. The banks can sometimes be very sloppy. They will probably make one or more mistakes in your case. You will only be able to readily identify the mistakes if you carefully read the Rules.

Take particular care to avoid "taking the opposition to school" about the mistakes they are making. Many of the sloppy mistakes are correctible if the correction is made in time. Very often, pro se litigants want to rush into court to point out the plaintiff's mistakes. Usually, the court just lets them amend their filings and they proceed to beat you. Often, it is better to take note of the mistakes and then to call them to the court's attention only at the most opportune time (this will vary with the nature of the error, the unique facts of each case and the stage of the proceeding). Mr. Roper posted in several threads about the dangers of taking the opposition to school and others have also discussed this theme.

Good luck!

(Beware of all of the scam artists and shills at the Forum who will try to sell you useless scam products and try to rip you off!!!)
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