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MIAMILAW1127, Lawyer
Category: Legal
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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If you wish to file a "motion to vacate a default final

Customer Question

If you wish to file a "motion to vacate a default final judgment" in Florida small claims court due to failure to properly serve or substitute-serve the defendant, a "void" judgment, do you need also a Motion to Set Aside Default entered by the clerk? Or does the vacating of a "void" DFJ operate to eliminate/extinquish all motions, pleadings, orders entered subsequent to initial filing date of lawsuit by plaintiff? Thanks!
Submitted: 1 year ago.
Category: Legal
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. I am going to assist you with your questions this evening.

What you should file is a Motion to Vacate the Default Judgment and Set Aside Default.

The vacating of the default judgment only operates as a way of removing the default against the defendant that was defaulted allowing them to come back and once again participate in the litigation.

Please don't forget to rate my answer at your earliest convenience.

Customer: replied 1 year ago.
there is a writ of garnishment attaching defendant's wages, does motion to vacate DFJ and motion to set aside default (VOID JUDGMENT due to improper service of process, substitute-service made on visitor to household) need to address Writ, or should Writ be addressed in separate Motion to Stay or Quash Writ? thanks.
Expert:  MIAMILAW1127 replied 1 year ago.

The motion should also address the writ. You should ask that the writ of garnishment be dissolved.