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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16712
Experience:  Experienced Licensed Attorney
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I was sued by cc. They got a default judgment. I found out

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I was sued by cc. They got a default judgment. I found out when they started garnishing my wages. I filed motion to dismiss judgment and also garnish wages exemption. I went in front of judge to discuss the claim of exemption and I got it. Then after a while i received an order of dismissal that the court requested for lack of prosecution. They requested the plaintiff to respond in 48 hours and they didn't so the case was dismissed. does this mean the judgment is voided since case was dismissed?
Hello. My name isXXXXX am a Florida licensed attorney and I will be happy to answer your question.

Was the default judgment ever vacated against you?
Customer: replied 4 years ago.

No, I never got the default judgement vacated, you can still see it in the dockets right along with the dismissal after that. case was dismissed when plaintiff didn't respond.

Thank you for your follow up.

Unfortunately, even though the case is dismissed, the default judgment would still remain valid, but the attorneys for the CC would have to reopen the case in order to pursue and enforcement of the judgment through the court, such as a levy or another garnishment.

The courts in Florida would automatically dismiss the cases if there is no activity (lack of prosecution) for 6 months or longer, so this is a standard procedure.

I wish you the best of luck!
Customer: replied 4 years ago.

can i still file a motion to vacate even though the case was dismissed and closed?

Thank you for your follow up.


A motion to set aside default judgment can be filed with the court after the case was dismissed / closed, but the defendant / judgment debtor would have to pay $50 court fee to reopen the case.

I wish you the best of luck!
Alex J. Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 4 years ago.

I would like a referral for somebody that can help me with this issue in orlando florida. Thanks for your answer.

Thank you and I have already posted answer to this question in your new post.