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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7226
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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Landlord filed an eviction against me for nonpayment of

Customer Question

Landlord filed an eviction against me for nonpayment of rent. I filed an answer describing the numerous inaccuracies in the eviction complaint, including the residential address itself, and that I did not agree to the amount they claimed I owed. I also filed a motion to determine the amount of rent to be deposited into the court registry.The Landlord's attorney then filed an amended complaint correcting some of the discrepancies but I was never served or mailed a copy of it. I did not know it was filed. Today, the landlord's attorney filed a motion for default claiming that I agreed to nonpayment of rent in my answer (which I did not) and that I did not respond to the amended complaint, of which I was never served or mailed a copy of.How can I respond to the court to inform them of my disagreement with the motion for default? Do I file an answer again? Do I have to do it in a specific way? I have also not received a court date or a response regarding the original motion to determine amount to be deposited into court registry, and I filed that over a week ago. I have received nothing in the mail or anything of that nature.Please help me and thank you.
Submitted: 3 months ago.
Category: Real Estate Law
Customer: replied 3 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 3 months ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 3 months ago.
An answer here is fine as well, whichever can be fastest.
Expert:  Attyadvisor replied 3 months ago.

Welcome and thank you for your question. I will be the professional that will be assisting you.

Customer: replied 3 months ago.
Thank you.
Expert:  Attyadvisor replied 3 months ago.

You will need to file a motion to ask the Judge for the landlord to be compelled to respond. You can also file a motion to vacate the default. Which county is this occurring in?

Customer: replied 3 months ago.
Pinellas County, FL
Customer: replied 3 months ago.
I already filed a motion to determine amount to go into court registry, which hasn't been addressed, can I file a secondary motion and not void out the first?
Customer: replied 3 months ago.
Also the plaintiff filed a motion for default, the court has not yet granted a motion for default.
Expert:  Attyadvisor replied 3 months ago.

Would you link me to provide a link for local Attorneys that provide FREE consultations in that area. One moment for a sample motion to vacate/remove the default judgment.

Customer: replied 3 months ago.
As stated previously, the court has not yet granted the default judgement, the plaintiff filed a motion for it. I need to know how to respond to the motion for default and inform the court that it is inaccurate and that I was not served a copy of the amended complaint in order to respond.
Expert:  Attyadvisor replied 3 months ago.

You contest the default and state exactly what you stated to me. You will file a motion to deny the mption for a default judgment. Which county?

Customer: replied 3 months ago.
Pinellas County can you send me a sample of the motion to deny the motion for a default judgement?
Expert:  Attyadvisor replied 3 months ago.

You can also file a motion to dismiss on the failure to file an answer.

Customer: replied 3 months ago.
You've given me a lot of different options, but based on the facts, what do you think I should do?
Customer: replied 3 months ago.
I am the defendant. I answered plaintiff's original eviction complaint, filed a timely answer with the court, even in the motion for default it states that I did respond timely. The amended complaint was never served to me, or mailed to me, therefor I did not respond to it. What exactly do I file letting the judge/court know that I was not served a copy of the amended complaint and that I also did not agree to nonpayment of the rent?
Expert:  Attyadvisor replied 3 months ago.

Well obviously the other side is filing motions with a disregard for the actual facts hoping the Judge will sign the order. I would contact an Attorney. There are numerous Attorneys that provide FREE consultations and going this alone is a disadvantage.

Customer: replied 3 months ago.
I cannot afford an attorney. Can you give me a sample document of something I can file?
Expert:  Attyadvisor replied 3 months ago.

Yes, it will be my pleasure. There are also Pro Bono and Legal Aid Attorneys that can assist you. Please give me a few moments to put together information for you. Thank you for your patience.

Customer: replied 3 months ago.
Thank you
Expert:  Attyadvisor replied 3 months ago.

The site has a glitch that kicks me out of the question when you respond. Please give me a few minutes to put this together for you. Thank you.

Customer: replied 3 months ago.
Can you provide a direct link to a sample document?
Expert:  Attyadvisor replied 3 months ago.

Motion in opposition.

Do you have any additional questions for me?