Legal Question in Business Law in Florida

Re: How to fight Judgment

You or your Florida attorney must now seek to vacate the default judgment immediately. Legal papers cannot be ignored. Good luck.

Re: How to fight Judgment

You must vacate the judgment immediately. One of the factors considered by the court in granting this relief is the parties due diligence in acting. Please feel free to give me a call at 941-954-4691 or drop me an email.

Re: How to fight Judgment

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

First and foremost, you must file a Motion to Set Aside the Default (or Default Final Judgment, if entered). In order to do so, you must file it quickly and explain to the Court what happened and that you have a viable defense. There is a $50.00 filing fee assessed in most courts to file this Motion.

Second, you must defend against this action. You cannot ignore legal pleadings. One thing that is sure is that the case will go on with or without your pleadings - and you will lose.

I strongly suggest that you retain local counsel to represent you in this action. A Tennessee lawyer is not allowed to practice in Florida.

Last, I suggest that you need to review your Tennessee attorney's actions...or lack thereof. In Florida, that may be grounds for malpractice. While you may not have the grounds or damages to warrant a suit, you may decide to choose a different attorney in the future who will be more diligent in protecting your interests.

Scott R. Jay, Esq., 305-249-8000