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West Palm Beach probate lawyers may be able to set aside your default judgment like in this recent case out of the Fourth District Court.

Uncategorized Sep 30, 2015
post about West Palm Beach probate lawyers may be able to set aside your default judgment like in this recent case out of the Fourth District Court.

If you fail to answer a lawsuit in West Palm Beach or to otherwise not  make a deadline then you may find the other side has motioned for a default. Do you understand what a default judgment is going to do to you ? Do you understand how to reverse a default judgment from the probate court in West Palm Beach? Check out this recent appeal from the Fourth District Court of Appeal where a woman was able to undo a default because she was denied a chance to be heard by the trial court.

What is a Default Judgment?

  • Default judgment and a judicial default are two different things that can happen in tandem with one another.
  • A judicial default is what happens when you do not answer in time.
  • The other side uses this litigation tactic to cut off your right to answer to the Court.
  • Following that they may ask for a default judgment against you.
  • Do you see the difference?
  • The default is about keeping you from being able to be heard while the judgment is a liability that you may be responsible for.
  • You have rights upon notice of a judicial default in West Palm Beach.
  • Experienced Palm Beach probate firms know often  parties come to a lawyer once this has already happened, but that is not the end.
  • Do you know the grounds for setting aside a default judgment?
  • Do you understand how you are going to get the Court to set aside the default?

Hendrix c. Dept. Stores Nat’l Bank

  • This was a cardholder dispute that devolved into a lawsuit.
  • The bank had gotten a default entered against the cardholder when she failed to answer on time.
  • Do you know how long you have to answer a lawsuit in West Palm Beach?
  • Depending on whether or not you have ever answered to the Court your rights are different upon a motion for judicial default.
  • If you have ignored the West Palm Beach court the whole time then you may not have a right to be heard at a hearing.
  • But if you did respond at least once you probably have to be heard by the Court prior to an entry of judicial default.
  • Failure to do so may lead to reversal as the bank learned in this case.
  • Are you embroiled in a Palm Beach probate dispute and have found yourself lodged up against a judicial default?
  • It is not over, you just need an experienced attorney who can get that set aside.

Want to learn more?

Check out the entire case by clicking here.