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Defaul Final Judgement - Is it really FINAL?

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AndrewFL

Junior Member
Defaul Final Judgement - Is it really FINAL? Also, Rules of Civil Procedure Form(?!)

I know this is going to come off as incredibly naive, but please bear with me.

I was sued, and just received a "final judgement after default". Apparently I was supposed to submit something to the court, I think, because it says I failed to file any pleadings. I didn't know I was supposed to. At the last hearing, the judge told me I should expect to hear anything for a while, and I was under the impression there would be another hearing or I would be contacted in some way before a judgement was made. There was some confusion as to my proper address, as this judgement lists my "last known address" wrong, although the last motion I filed contained my proper address, and the plaintiff's attorney clearly has my proper address since this judgement was mailed to me by him. Is it too late to do anything in this matter?

Also, the judgement orders me to complete, under oath, Florida Rules of Civil Procedure Form 1.977 and fact information sheet. This is asking for all kinds of extremely personal information like social security number, detailed information about everything I own, copies of all my canceled checks for the past year, bank account numbers, employer and salary information, copies of pay stubs, copies of my income tax returns, and even the names and addresses of all my children! The person suing me is hostile toward me, and I feel VERY uncomfortable turning over all of this personal information to this person. Is there anything at all I can do to prevent from having to do this?
 
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AndrewFL

Junior Member
Pay the judgment in full. Then they'll have no need for your information.
Not even close to possible. I have $0 savings and earn less than I need to even eat properly after the bills are paid. The judgment is for an amount > $100k. If I had even 1/10 of it, I would have hired an attorney in the first place, and the outcome would have almost certainly been much different.
 

You Are Guilty

Senior Member
This is from a FL Family Court, but you should get the idea what would be required:
http://www.flcourts.org/gen_public/family/forms_rules/922c.pdf

While it does not sound like you have either a reasonable excuse or meritorious defense, the fact that (it sounds like) you personally appeared in court for some, unnamed, "hearing" may be sufficient grounds to at least argue "reasonable excuse". (I would certainly research the idea at least).

Otherwise, your other options are a) pay up, or b) await collection attempts on the judgment (garnishment, etc).
 

Mass_Shyster

Senior Member
Not even close to possible. I have $0 savings and earn less than I need to even eat properly after the bills are paid. The judgment is for an amount > $100k. If I had even 1/10 of it, I would have hired an attorney in the first place, and the outcome would have almost certainly been much different.
Bankruptcy may be your best bet.
 

AndrewFL

Junior Member
This is from a FL Family Court, but you should get the idea what would be required:
http://www.flcourts.org/gen_public/family/forms_rules/922c.pdf

While it does not sound like you have either a reasonable excuse or meritorious defense, the fact that (it sounds like) you personally appeared in court for some, unnamed, "hearing" may be sufficient grounds to at least argue "reasonable excuse". (I would certainly research the idea at least).
Thank you for that. I think I'm on the right track now. All I want is for the court to consider the evidence that I have before making a decision. The judge seems very reasonable, and told me that I "absolutely" would have the opportunity to present my evidence. I thought it would be at another hearing, or that I would be prompted for it. This default judgement was a shock. I do see that there's something called "EVIDENCE INVENTORY WORKSHEET" that was entered into the docket twice right after the last hearing. Is that something the court issued that I never received? Or is that something the plaintiff entered?

Thanks so much this help.
 

latigo

Senior Member
I know this is going to come off as incredibly naive, but please bear with me.

I was sued, and just received a "final judgement after default". Apparently I was supposed to submit something to the court, I think, because it says I failed to file any pleadings. I didn't know I was supposed to. At the last hearing, the judge told me I should expect to hear anything for a while, and I was under the impression there would be another hearing or I would be contacted in some way before a judgement was made. There was some confusion as to my proper address, as this judgement lists my "last known address" wrong, although the last motion I filed contained my proper address, and the plaintiff's attorney clearly has my proper address since this judgement was mailed to me by him. Is it too late to do anything in this matter?

Also, the judgement orders me to complete, under oath, Florida Rules of Civil Procedure Form 1.977 and fact information sheet. This is asking for all kinds of extremely personal information like social security number, detailed information about everything I own, copies of all my canceled checks for the past year, bank account numbers, employer and salary information, copies of pay stubs, copies of my income tax returns, and even the names and addresses of all my children! The person suing me is hostile toward me, and I feel VERY uncomfortable turning over all of this personal information to this person. Is there anything at all I can do to prevent from having to do this?
(The following is submitted for information purposes only and not to be taken as legal advice. For that you will need to consult a Florida trial lawyer.)

Florida Rules of Civil Procedure
Rule 1.540 Relief from Judgment, Decrees or Orders
* * * * * * *

(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc. On motion and upon such terms as are just, the court may relieve a party or a party’s legal representative from a final judgment, decree, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) that the judgment or decree is void; or (5) that the judgment or decree has been satisfied, released, or discharged, or a prior judgment or decree upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or decree should have prospective application. The motion shall be filed within a reasonable time, and for reasons (1), (2), and (3) not more than 1 year after the judgment, decree, order, or proceeding was entered or taken. * * * * * * * *
Your motion would obviously be grounded on (b)(1) “mistake, inadvertence, surprise, or excusable neglect". But the movant is required to act diligently in filing and serving the motion for relief, and as stated it must be made within a reasonable time and not less than 1 year after the judgment was entered.

Plus, the motion is to be supported by a sworn affidavit detailing the factual circumstances relied on in arguing excusable neglect. And must be accompanied by a proposed verified answer alleging sufficient facts that if proved would constitute a meritorious defense to the complaint.

__________________

Compliance with other procedural rules and local protocol will also be required. Such as arranging with clerk for a time and date for hearing the motion; preparation and service of a notice of the hearing, etc..

Also beware that the filing of the motion per se will not serve to suspend the judgment creditor’s post judgment activities; to-wit: service and your compliance with FRCP Form 1.977 fact information sheet.

A motion under this subdivision does not affect the finality of a judgment or decree or suspend its operation.
If you wish to delay responding to those requests, then you need to formally ask for a postponement. Which the court may or may not grant.
 

Proseguru

Member
I know this is going to come off as incredibly naive, but please bear with me.

I was sued, and just received a "final judgement after default". Apparently I was supposed to submit something to the court, I think, because it says I failed to file any pleadings. I didn't know I was supposed to.
Apparently.

Being ignorant of the rules is not good cause to get a default vacated. You can seek a lawyer's advice on how to proceed. In reality, it appears as if the judgment is a good judgment as far as the law goes.
 

latigo

Senior Member
Apparently. (?)

Being ignorant of the rules is not good cause to get a default vacated . . . . . it appears as if the judgment is a good judgment as far as the law goes.
Just curious, but do the rules for obtaining relief from a default judgment differ depending upon whether a default judgment is a "good" judgment or a "bad" judgment?

And "as far as the law goes" where might one look to find how to distinguish between the good and the bad? (Could there be an "ugly" one as well?) Is it just a matter of how they "appear" to you or is their a more fundamental difference?
____________________

Also to assist you in your legal education, of which you impress as having none prior, "being ignorant of the rules" is more frequently than not the very grounds for granting relief from a default judgment!

Or could it be that there is something about the language - "mistake, inadvertence, surprise, or excusable neglect" - that is especially confusing to you?
 

Proseguru

Member
Just curious, but do the rules for obtaining relief from a default judgment differ depending upon whether a default judgment is a "good" judgment or a "bad" judgment?

And "as far as the law goes" where might one look to find how to distinguish between the good and the bad? (Could there be an "ugly" one as well?) Is it just a matter of how they "appear" to you or is their a more fundamental difference?
____________________

Also to assist you in your legal education, of which you impress as having none prior, "being ignorant of the rules" is more frequently than not the very grounds for granting relief from a default judgment!

Or could it be that there is something about the language - "mistake, inadvertence, surprise, or excusable neglect" - that is especially confusing to you?
Good = will survive a request to re-open
Bad = one that may be able to be re-opened
Ugly = Rose O'Donnell, to horrible to think about
 

AndrewFL

Junior Member
I submitted a Motion to Set Aside Default Judgement. At this point I thought I could just schedule a hearing, but the Clerk has advised me that I have to submit to the Judge an Order Of Referral To The Magistrate. The Clerk gave me a link to that, but there's one section I'm uncertain about. What box or boxes should I check?

THIS CASE IS REFERRED TO THE MAGISTRATE on the following issues:
[ ] All Discovery Motions
[ ] Motion for Contempt
[ ] Motion for Protective Order
[ ] Motion for Sanctions
[ ] Motion to Transfer Venue
[ ] Motion to Add/Substitute Parties
[ ] Motion to Withdraw
[ ] Motion to Intervene
[ ] Motions Directed to Pleadings
[ ] Order to Show Causes
[ ] Motion to Amend
[ ] Summary Judgment
[ ] Pretrial Conference
[ ] Motion for Attorney’s Fees/Costs
[ ] Status/Case Management Conference
[ ] Trial/Final Judgment
[ ] OTHER: ________________________
 

Zigner

Senior Member, Non-Attorney
I submitted a Motion to Set Aside Default Judgement. At this point I thought I could just schedule a hearing, but the Clerk has advised me that I have to submit to the Judge an Order Of Referral To The Magistrate. The Clerk gave me a link to that, but there's one section I'm uncertain about. What box or boxes should I check?

THIS CASE IS REFERRED TO THE MAGISTRATE on the following issues:
[ ] All Discovery Motions
[ ] Motion for Contempt
[ ] Motion for Protective Order
[ ] Motion for Sanctions
[ ] Motion to Transfer Venue
[ ] Motion to Add/Substitute Parties
[ ] Motion to Withdraw
[ ] Motion to Intervene
[ ] Motions Directed to Pleadings
[ ] Order to Show Causes
[ ] Motion to Amend
[ ] Summary Judgment
[ ] Pretrial Conference
[ ] Motion for Attorney’s Fees/Costs
[ ] Status/Case Management Conference
[ ] Trial/Final Judgment
[ ] OTHER: ________________________
This question would require the unlawful practice of law for a non-attorney to answer. Seek the advice of an attorney.

Good day.
 

swalsh411

Senior Member
Are you just kicking the can down the road? If they sue you again and you show up will you be able to offer a defense? If you really do owe the money and they can prove it, you are just delaying the inevitable.
 

AndrewFL

Junior Member
Are you just kicking the can down the road? If they sue you again and you show up will you be able to offer a defense? If you really do owe the money and they can prove it, you are just delaying the inevitable.
I certainly do not owe them the amount they were awarded, and I can prove it. The plaintiff is my former employer. I now run a competing business, and I am accused of marketing to their customers. They were awarded a judgement of over $100k. My business alone has not had a gross profit of even 1/10 that amount, in total, since inception. The whole case amounts to nothing more than the plaintiff attempting to eliminate the only competition, fully aware that I didn't have the financial means to afford an attorney. At this point it looks like it may have worked just as planned, unfortunately.
 

Zigner

Senior Member, Non-Attorney
I certainly do not owe them the amount they were awarded, and I can prove it. The plaintiff is my former employer. I now run a competing business, and I am accused of marketing to their customers. They were awarded a judgement of over $100k. My business alone has not had a gross profit of even 1/10 that amount, in total, since inception. The whole case amounts to nothing more than the plaintiff attempting to eliminate the only competition, fully aware that I didn't have the financial means to afford an attorney. At this point it looks like it may have worked just as planned, unfortunately.
I don't understand why you think that the fact that you are having problems with your revenue stream "proves" that you are not marketing to their customers.
 

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