Have you received notice (or not received notice) of a pending default judgment in a case to which you are a party? Do you know how to set aside a default judgment? You may want to see a case out of the Fourth District Court of Appeals where a wife appealed a default judgment and won!
Default Judgment
- Do you know what a default judgment is?
- When a party wants to institute a lawsuit they will file a complaint and personally servethe Defendant.
- The Defendant will then have to answer the complaint or file a motion regarding the complaint.
- If a party fails to file an answer or appropriate motion in due time a party may file for adefault judgment.
- Did you know a party could file for default judgment even if the party has answered a complaint; any failure to respond might be grounds for such a filing.
- A default is not an absolute death sentence though; did you know you could motion to set aside such a default?
- Do you know how to file such a motion and what you will need to show the court.
- Experienced Palm Beach probate litigators know there are several ways that you can set aside a default judgment.
Bisel v. Bisel: Setting Aside a Default Judgment
- The two most common ways to set aside a default judgment are improper notice / service and excusable neglect.
- The former wife in this action appealed an order denying her motion to set aside a default judgment.
- The Court ultimately agreed that notice was insufficient and on appeal the default was set aside.
- Do you know how to properly personally serve someone in Florida?
- Failure to file and serve a complaint properly in West Palm Beach could lead a default judgment being set aside.
Want to learn even more?
Check out the entire case by clicking here!