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.