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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7151
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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Money Judgement in Florida: 1. What I should know before

Customer Question

Money Judgement in Florida:1. What I should know before filing a motion and declaration to Vacate Judgement?
The judgement was ruled in 2010.2. I have at least three defenses but I am not sure as consumer in Florida would they be valid.
a. I did not received the notice
b. Amount listed on my credit report is different from the amount in the letters being mailed to me
c. The automobile was not sold at a reasonable price
Submitted: 9 months ago.
Category: Legal
Expert:  Irwin Law replied 9 months ago.

Good morning, and thanks for using JUST ANSWER.Regarding number one, a motion to vacate a judgment should be filed within a reasonable time after the judgment is entered. You will have to plead a very good reason for not moving against the judgment before now.. Regarding number 2, only a, (no notice) would be a valid ground. The court record would have to show the complete absence of any return of service of summons in the basic foreclosure suit that would deny the court jurisdiction and void the judgment. In my opinion that would be your only chance of vacating the judgment. Please enter a positive rating for my assistance here by clicking on 3, 4, or 5, for which there is no additional cost to you. Thanks again for using JUST ANSWER.

Customer: replied 9 months ago.
If I understand this this correctly, in Florida a money judgement goes on for twenty years.
So why there is a limit for the consumer to respond?
Expert:  Irwin Law replied 9 months ago.

20 years is the statute of limitations on collection. It has nothing to do with the court case that brought about the judgment. The time for raising defenses is when the case is pending and before the judgment is entered. The court case was over a long time ago and the court will not listen to defenses at this late date.

Expert:  Irwin Law replied 9 months ago.

Hello again. Do you have a follow-up question? I am not an employee of Just Answer and I receive credit for assisting you based on your rating. Please enter a positive rating for my assistance here by clicking on 3, 4, or 5, for which there is no additional cost to you. Thanks again for using JUST ANSWER.