A lawsuit can be quite a headache, and if its just a civil case what could really happen if you do nothing? Thats probably the wrong attitude to have if you have been sued in Palm Beach Court. Do you know what a default judgment is? Can someone levy a sale of your home or other assets because of a default judgment? What protections does Florida law provide you in this regard?
- In Florida in order bring a lawsuit a person files a complain in civil court and then serves the document onto the Defendant(s). Its then on the Defendant to answer the suit within a certain time limit. So what happens if they just dont answer?
- When a party fails to answer a lawsuit the plaintiff may file for default judgment which is just judgment in their favor as a default because the defendant did not act. How much money will the judgment be for? Can you ask for as much as you want.
- Florida courts are lenient in allowing a reversal of a default judgment, so dont get your hopes up.
Fourth District Court of Appeals renders its decision in the case of Boynton-Whitworth Farms LLC v. Cadence Bank f/k/a Superior Bank, Case No. 4D13-4731 decided on April 15, 2015.
- The Fourth District Court of Appeals heres appeals from throughout Palm Beach County including disputes from Jupiter, Boynton Beach, Pompano Beach, Delray and Boca Raton.
- The Appellants here wanted to reverse a default judgment that was issued because they claimed they were not given notice of the hearing, without more the court pretty much said that was enough to reverse a default judgment. Is this fair?
- If a defendant does not answer a lawsuit do you think the court should be lenient on them when they lose as a result?
Have you been sued for tortious interference with an expectancy interest? Palm Beach Probate Litigators know that in these types of matters time is of the essence and proper responses to court documents is key to freeing a client of allegations in how they handledprobate matters and estate documents.
Want to learn more about default judgments? Read the entire case by clicking here.