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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116756
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Ralph Marcadis and Associates in Tampa, Fl illegally ...

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Ralph Marcadis and Associates in Tampa, Fl illegally supposedbly served a summons on us which we never received. It resulted in a Motion for Default that was filed by them with Pasco County, Fl It has also gone to the judge and he signed off on a Default Final Judgement. We NEVER received the summons and it was not served to us. What recourse do we have with Pacso County Sixth Judicial Circuit court to overturn this case into something we can defend?
If you can prove no service was ever made, then you need to file a motion to vacate the default judgment, which the court can vacate for good cause, such as no service. You can defend it and these arguments occur frequently. You just need to prove the good cause to the court and they will vacate the judgment and give you an opportunity to answer the complaint.

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Law Educator, Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 8 years ago.
Reply to PaulMJD's Post: How am I going to prove it, when I never received the summons?
It comes down to credibility. You attach a sworn affidavit that you never received any service and have it notarized. Then you explain it to the judge, they get these all of the time and generally give you the benefit of the doubt.