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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 25431
Experience:  12+ yrs. of experience including real estate law.
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After her 20 day period to answer my filing passes, I file

Resolved Question:

After her 20 day period to answer my filing passes, I file a motion for default, and a motion for a hearing at the same time?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  P. Simmons replied 11 months ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

How did you effect service? Did you have her served personally?
Customer: replied 11 months ago.

Yes, she was served by the local sheriff's dept. in Wyoming.

Expert:  P. Simmons replied 11 months ago.
Thanks

just a moment please...
Expert:  P. Simmons replied 11 months ago.
Can you tell me, what did your original petition ask for? Did you specify what you were requesting from the court in your petition?
Customer: replied 11 months ago.

I asked for a writ of possession and for an order for her to quit-claim it to me.

Expert:  P. Simmons replied 11 months ago.
Thanks

I want to make sure I understand where you are...what you had served on her was in the original complaint (the pleading you had served on her)...so at this point you have not filed a "motion" with the court (a motion stating the basis in law to suport your request)?


Customer: replied 11 months ago.

I filed a motion for contempt/enforcement of final judgment. It stated what she was supposed to have done and did not do according to our final judgment, and it also showed the actions I was requesting the court to take, which were to 1) issue me a writ of possession, and 2) order her to quit-claim it to me. The form is from the State of Florida family law legal self-help website, as ordered by the Florida Supreme Court, the name of the site is www.flcourts.org. It is a site mandated by the FL Supreme Court to help people who can't afford lawyers represent themselves in Family Court.

Expert:  P. Simmons replied 11 months ago.
THank you

You are correct, she has 20 days to respond to your pleading.

If she does not? Then you can apply to the clerk of the court for a default judgment. Under Florida law, if the opposing party does not file any pleadings with the court, that is grounds to obtain a default judgment.

Basically, if she is not going to contest the matter, the court can issue a default judgment.

And the court can issue her an order to sign the home over to you...that is certainly within the courts power. So you can ask for that order in your request for default judgment (assuming that she does not reply to your pleadings). This comes from FL rule of civil procedure 1.500

This would not be a motion for a hearing...basically, you will want to provide your legal authority for the request in your motion. If the law supports your request, the court does not need to conduct a hearing...they can rule based on the motion. Again...this assumes she does not answer your initial pleading.

So it sounds like you are on the right track. If she does not respond to the court in 20 days after service, then you can file to the clerk of the court.

If she files a response but it does not comply with the rules (for example, she files a response to the court but it does not meet the requirements of the florida rules) then you have to file your motion not with the clerk of the court but with the judge.

However, I would urge you to work with a local attorney on this. You need to provide the court with "authority" (case law or statute law that supports your requeste). They can help you present this to the court in the proper format to get the result you want (the title back into your name)

BotXXXXX XXXXXne: if she does not respond at all, you can file a default motion with the clerk of the court for a default judgment.

If she does respond to the court, but it does not meet the requirements of the rules of civil procedure, then your motion is with the judge for a default judgment.

If she responds and the response meets the requirements, then you file a motion for a trial date to resolve this issue in front of the judge.

Customer: replied 11 months ago.

OK, so to make sure I have this right: If she doesn't answer my motion for contempt (I suspect she may well not) I file a default motion for a default judgment. How am I subsequently informed of the disposition of the case if I don't appear in front of a judge?

Expert:  P. Simmons replied 11 months ago.
Easy...if you win the clerk of the court will inform you via mail.

That is why you want a lawyer to assist with the motion. The can ensure you "dot the i's and cross the t's" for the motion.

P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 25431
Experience: 12+ yrs. of experience including real estate law.
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