Thank you for your clarification.
It seems that there has been obviously some confusion on the Plaintiff's part in regards XXXXX XXXXX is the owner of the property.
Now, understand that just because they have requested it
does not mean that the Motion for Default Judgment may be granted.
What a party in your situation may wish to do is to file a reply to their motion for default judgment, and have a hearing wherein you can explain the situation. If the Judge understands what has happened, then their motion foe default judgment is likely to be denied.
Sample reply:TITLE AND PARTIES (just copy of their filing)
DEFENDANT'S JOINT DEFENDANTS’ RESPONSE TO MOTION FOR DEFAULT JUDGMENT (centered)
NOW COMES Defendant, YOUR NAME, named Defendant in the above-entitled and numbered cause, and files this Defendants’ Response to Motion for Default Judgment, and shows the Court:
1. Plaintiff is _____.
2. Defendants are ___.
3. Plaintiff served… (explain what happened, and the Plaintiff’s cofusion).
6. Defendants filed an Answer with the Court on ___, within the time allotted as not to default.
Defendant denies allegations in paragraph 1 of Plaintiff’s pleading.
Defendant denies allegations in paragraph 2 of Plaintiff’s pleading.
Defendant denies allegations in paragraph 3 of Plaintiff’s pleading.
Defendant denies allegations in paragraph 4 of Plaintiff’s pleading.
Defendant denies each and every allegation of Plaintiff's Motion for Default Judgment, and demands strict proof thereof as required by rules of evidence and procedure for the State of Florida.
Defendant prays the Court, after notice and hearing or trial, enters judgment in favor of Defendant, denies Plaintiff default judgment, awards Defendant the costs of court, legal fees, and such other and further relief as Defendant may be entitled to in law or in equity.
(NEW PAGE)CERTIFICATE OF SERVICE (centered)
I certify that on (date filed) a true and correct copy of Defendant's Defendants’ Response to Motion for Default Judgment was served to the opposing party.
Then, the Court will consider the facts, and should deny the default judgment.
I hope this helps and clarifies - good luck.IMPORTANT
: Please use REPLY
button to keep chatting, or RATE
my answer when we are finished. Kindly rate my answer as one of the top three faces
before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating
. My ultimate goal is your complete satisfaction.