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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Have a default judgment (contract) of $20,000. Plaintiff has

Customer Question

have a default judgment (contract) of $20,000. Plaintiff has filed for a writ of bodily attachment. Hearing scheduled for 3/29. I'd like to try to have it delayed into middle of April or quashed completely. Researching how to do pro se
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Florida 4th judicial circuit
JA: Has anything been filed or reported?
Customer: yes, plaintiff filed a motion to show cause or issue a writ of bodily attachment. Judge scheduled hearing (10 min) on 3/29
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, but I will answer anything he asks. Thanks.
Submitted: 8 months ago.
Category: Legal
Expert:  Ely replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

I am sorry, but it is not really possible to quash the writ if it is based on a valid judgment. So the other option is to delay it, like you wanted. This would then require a Motion for Continuance. See HERE for a great example of the format. This is filed AND SET FOR A HEARING BEFORE 3/29. Then, the Court has discretion on whether to grant the continuance or not.

Usually things like emergencies, medical issues, and other good reasons are enough to grant a continuance.

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