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What would happen if I lose?

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M

mfever

Guest
What is the name of your state? Florida

Hi there, I have a small claims court coming up next week in Florida.

What would happen if a judgement is passed against me?

The amount is $2200.

The case is involving a breach of rent contract, and my ex-roomate is suing me for 6 months of rent + transfeer rent after I moved out.
 


stephenk

Senior Member
Let's see.......

1. you would owe the money;
2. your wages could be garnished;
3. credit agencies will be notified that you have a judgment against you;
4. you could be called into court to have a judgment/debtor hearing which is a fun event where you have to identify all your credit cards, bank accounts, real property, personal property, cars, furniture, jewelry, etc. (you get the idea). the hearing is done so the other side can better choose what they want to take from you to satisfy the judgment;
5. You will forever be branded a loser and deadbeat and a scarlet "L" will be branded on your forehead by the bailiff.

Okay, I am not sure about number 5, but the first four are true.
 
M

mfever

Guest
heh heh, thanks for the reply stephenk. On another note, I understand that it is the suing party's responsibility to prove that there were damages and liability on my part. Now, my ex-roomate is suing me for rent for the 6 months AFTER i moved out on a contract signed a year and half ago. Does this mean that it is his responsbility to prove that he lived alone in the 3 bedroom apartment for 6 months after I moved out thus the $ damage, or is it mine to prove that he did not?
 
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stephenk

Senior Member
You should post your question in the landlord-tenant section of this forum regarding the lease issues.

Yes, your ex-roomie has to prove his case in order to win. If you have evidence that counters his assertions be prepared to present them at the trial.
 
R

resipsa

Guest
and you can file an appeal in the face of an adverse judgment
 

JETX

Senior Member
Resipsa said, "and you can file an appeal in the face of an adverse judgment"

Sorry, wrong again!!

In Florida, you can only appeal a judgment (including small claims) by showing that the court committed a reversible error.

From "Florida Small Claims Rules":
"RULE 7.180. MOTIONS FOR NEW TRIAL; TIME FOR; CONTENTS
(a) Time. A motion for new trial shall be filed not later than 10 days after return of verdict in a jury action or the date of filing of the judgment in a non-jury action. A timely motion may be amended to state new grounds at any time before it is disposed of in the discretion of the court.
(b) Determination. The motion shall set forth the basis with particularity. Upon examination of the motion, the court may find it without merit and deny it summarily, or may grant a hearing on it with notice.
(c) Grounds. All orders granting a new trial shall specify the specific grounds therefor. If such an order is appealed and does not state the specific grounds, the appellate court shall relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial."
 
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M

mfever

Guest
the case was settled for much less than what was sued for... it is over.
 

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