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Need answer for Florida law & judgment, can you help to

Need answer for Florida...

Need answer for Florida law & judgment, can you help to answer a question or two I have?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

I have a judgement against me that I did not have an opportunity to defend, nor as best I can remember was never served on me!

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Don't think so!

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Answered in 2 minutes by:
3/7/2018
DamienJD
DamienJD, Attorney
Category: Legal
Satisfied Customers: 5,442
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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If you were never served with papers, nor ever appeared in the case to defend yourself because you did not know the case existed, then you would have to make a motion to vacate the default judgment.

Have you attempted to do this yet?

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Customer reply replied 5 months ago
Not yet and would I need a local attorney for that purpose?
Customer reply replied 5 months ago
Sorry Damien, not going to call, just needed a few answers.......Is that motion to vacate something I can file myself or do I need a local attorney?

Yes. You would want a local attorney.

To file a Motion to Vacate a Default Judgment the following must be shown: (1) whether the defendant has demonstrated excusable neglect in failing to respond; (2) whether the defendant has demonstrated a meritorious defense; and (3) whether the defendant, subsequent to learning of the default, had demonstrated due diligence in seeking relief.

Not being served with the papers is reason to file but you also have to show why you are not liable. So, a local attorney can put the papers together for you.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 5 months ago
Thank you!

You are welcome!

Please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

DamienJD
DamienJD, Attorney
Category: Legal
Satisfied Customers: 5,442
Experience: Attorney. Well versed, understanding, friendly
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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