Legal Question in Business Law in Florida

Re: Judgments

A default judgment occurs when the defendant does not file an answer. A summary proceeding involves a type of lawsuit that can be resolved in a faster type proceeding. There is no affect on which one is paid first.

Re: Judgments

With due respect to my colleague, he is correct with regards to the default judgment but not the summary final judgment.

A default judgment is a judgment entered by the clerk if no paper has been filed in the action or by the court if there has been a paper, letter, or something filed with the court. Default Judgments may also be entered as a severe sanction by a judge against a party during the course of the action for a number of reasons.

My colleague was also correct when he defined a summary proceeding, but that was not your question. With respect to a summary final judgment, it is better because usually it is harder to set aside and constitutes a resolution on the merits i.e. that even if each and every facts is accepted as true in favor of the other party, the moving party is still entitlted to a judgment as a matter of law.

As to which one is better for proceeding to collection, there is really no difference. This assumes that the judgment cannot be set aside for any reason. Should you need assistance in collection, contact me at 305 769-3000 and we will more fully discuss your matter.

Re: Judgments

Mr. Gilbert is correct. The only thing I would add is that reaching a stage in the litigation where a motion for final summary judgment is ripe may be costly. A default judgment may be better, although as Mr. Gilbert stated, the default judgment may be easier to set aside if attacked early by your opponent. Good luck.