Legal Question in Business Law in Florida

defend against motion to set aside default judgement

I was granted a default judgement against a company.

They didn't show up for the first hearing in the small

claims case against them. They sent a fax to the judge

the day before stating they were trying to get a lawyer.

The judge decided they had enough time to get a

lawyer or appear themselves and granted the default

judgement. They now have a lawyer who sent me a

notice that a hearing to set aside the default judgement

was cancelled. This was the first notice about the

hearing so I contacted the court and they said the

hearing was NOT cancelled. I contacted the attorney

who said they made a mistake and the word should

have been ''Scheduled'' instead of ''Cancelled''. How do

I defend the default judgement. What possible reasons

will the judge accept to set aside the default

judgement?


Asked on 9/12/02, 6:39 pm

1 Answer from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: defend against motion to set aside default judgement

The party attempting to set aside or vacate the default judgment must demonstrate (a) excusable neglect and (b) a meritorious defense to the claims asserted in order to have the default set aside. A detailed explanation of what constitutes excusable neglect and a meritorious defense under Florida law is outside the scope of the simple guidance provided by this response. For further explanation, you should seek the advice of counsel or perform legal research on Florida law. Good luck.

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Answered on 9/12/02, 6:42 pm


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