Have you been involved in a West Palm Beach Probate action? Did you ignore a lawsuit and lose in default judgment. Did you know that you can set aside a default judgment for lack of notice? See how in this January 21, 2015 case out of the Fourth District Court of Appeals.
Default Judgment in West Palm Beach
- Do you know what a default judgment is?
- When a party sues another they serve that party with a complaint that demands an answer within a set amount of days.
- What happens if you fail to answer the lawsuit, does it go away?
- In reality if you ignore a law suit the other party can seek judgment against you in your absence, known as default judgment.
- So if someone contests a will and you do not respond will they automatically win?
Adams v. Estate of Henderson Sr. – Default Judgment Set Aside for Lack of Notice
- Judges tend to freely allow a party to strike a default judgment once they finally do show up for court. Do you want to be relying on a judge’s goodwill to get your default set aside?
- A plaintiff brought a suit against an estate and properly served the estate. The man then waited for an answer to the complaint, but none ever came.
- The party filed a motion for default based on the estate’s failure to serve any response to the complaint. The clerk entered a default and then the plaintiff filed a motion for final judgment pursuant to the default. The trial court entered a final judgment imposed on the estate and the trust at issue.
- The defendant responded that they had not been properly noticed of the hearing because the attorney for the estate (who had since quit) failed to notify successor counsel or prepare an answer.
- The court set aside the default, do you think that is a fair result? What about the guy who went to court when he was supposed to, should he not get any reward for following the court instructions?
Want to learn more? Read the entire case by clicking here.