A new case out of West Palm Beach shows just how defenseless you may be after going to trial with a default judgment against you.
If you fail to answer a lawsuit on time you may be at risk of default judgment in West Palm Beach, but what does that actually mean? The answer may surprise you as you end up in a trial where you can only dispute the amount of money you owe! Experienced Palm Beach probate lawyers know how to avoid defaults and can get them set aside if cause exists. Sometimes though a defaulting party is not going to get that set aside, check out this case out of the Fourth District Court of Appeal, and learn how to never let a default hurt your chances of victory in West Palm Beach.
What is Default Judgment?
- When you are sued or involved in litigation in West Palm Beach you better play by the rules including the time limits.
- If you fail to answer something on time then you may be subject to something called anentry of default, which can then lead to a default judgment.
- If you are smacked with a default entry you can no longer enter an answer.
- Worse if the other side gets a default judgment they basically got the court to say you are wrong.
- The only thing you have left to do is defend the amount you are liable for, in other words the damages.
- Think about that for a second.
- You could end up in a trial where the only thing you are allowed to dispute is how much you owe for something you may not have done!
- If you are being sued for tortious interference of an inheritance this could spell amulti-million dollar judgment.
- If the court lets you defend other issues it may be reversible error on appeal, which could lead to you paying even more in fees.
- Check out this case and the decision that was filed today in the Appeals Court for West Palm Beach.
DG Sports Agency, LLC v. First Round Management LLC et. Al.
- This was an appeal that resulted from a dispute between agents and MMA fighters, good thing they went to court rather than settling it in the ring!
- The defendants defaulted but for some reason the trial court allowed them to dispute liability after denying a motion to set aside the default.
- On appeal after the trial the Court found that was plain error, only damages, not liability could be argued in the trial.
- Do not end up like these appellees, fighting a losing battle because you did not file in time.
Want to learn more about default judgments in West Palm Beach?
Check out the entire case here.