top of page

What is judgment by default?

You have received a lawsuit. The sheriff, or someone else has shown up at your residence or at your place of work, and has given you some papers, where they tell you that a claim has been filed in court against you, and that you have a certain amount of time to answer it. You decide to ignore it and get on with your life. In today's blog we will be explaining the consequences of not being part of a process. The explanations that we are going to be giving in this blog constitute the current law of the state of Florida, if you reside in another state, you should consult with a lawyer licensed there for legal advice. If the above scenario sounds familiar to you, my advice is to hire an attorney immediately and answer that claim as soon as possible. Failure to answer it will have adverse consequences for you. A civil or family court proceeding begins with the filing of the lawsuit or petition. Once the court accepts the petition, the defendant must be served to answer the allegations made in the lawsuit. The defendant must be summoned. The rules state that the lawsuit could be delivered to you anywhere in the state or delivered to your residence to anyone who resides there and is of legal age. Do not believe that by not answering the claim, the court will dismiss the case. Conversely. Once you have been summoned, you will have 20 days to present your answer and the defenses that you deem pertinent. If these 20 days elapse and you do not answer, the court may continue the process without your presence. This is what is known as a default trial or default process. Once these 20 days have elapsed without the court receiving an answer, the plaintiff may request the court to issue an order declaring you rebellious. Once the judge issues it, the judge will most likely grant everything that the plaintiff is requesting in his petition, which could include seizure of assets, wages, dissolution of the marriage bond, or anything that the plaintiff is requesting with the petition. Once there is an order ending the process, it will not be possible for you to litigate it. That is why it is extremely important to present the answer on time, and to allege the defenses that you may be able to present at the appropriate procedural moment. If you have been served with a lawsuit, do not ignore it. Do yourself a favor and present your case in court. If you need the help of an attorney, give us a call. In Y. Morejon Attorney, P.A. we can help you. The first consultation is free. We have the experience and knowledge necessary to help you with your legal process. Here your problem is our problem.

Legal Disclaimer Any information made available by the lawyer or law firm is for educational purposes only, as well as to give you general information and general understanding of the law, NOT to provide specific advice. This does NOT create a relationship attorney-client between you and Y. Morejon Attorney, P.A. This information should NOT be use as a substitute for competent legal advice from a licensed professional attorney in your state.

3 views0 comments


bottom of page