VACATING A FLORIDA DEFAULT JUDGMENT
Our Debt Defense Lawyers Can Help!
In Florida, a Defendant who fails to appear at a pretrial conference or if the case is in county or circuit court fails to respond to the lawsuit within 20 days automatically loses the case. This is called a default judgment. Depending on why default was entered a Defendant can vacate the judgment. Often, the first time the Defendant becomes aware of the judgment is when Defendant's bank account is levied or wages garnished. It's important that you don't do anything as you may inadvertently waive your defense. The only thing that should be done is contacting an experienced Miami debt defense lawyer who can advise you of your rights.
Vacating a Florida Judgment
Florida Rules of Civil Procedure 1.540 allows a defendant to vacate of judgment for numerous reasons including: mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, the judgment is void or the judgment has been satisfied. One of the requirements to vacate a judgment is that it be done within a reasonable time. Do not wait and do not file anything, unless you have consulted with an experienced debt defense lawyer.
Not Served With The Lawsuit
The most common reason to vacate a judgment is when the Defendant was not properly served with the lawsuit. Sadly this occurs too often and the Defendant only realizes this occurred after their bank has been levied or wages garnished. A motion to quash service and vacate the judgment can be filed. It's important to gather as much evidence you were not served as possible.
Let Our Office Help You
The Law Office of Shaya Markovic, PA is an experienced Hollywood, Florida debt defense lawyer. We have been successful vacating numerous judgment as old as twelve years. Our office knows the procedure and can review your case for free if you free. We fight Miami and Broward debt collectors and can represent you. We provide free consultations, low flat fees and are available on nights and weekends if you need. Call our office at (786)529-2176 for a free consultation.