Legal Question in Civil Rights Law in Florida

Re: failure to notify defendant of a hearing

This is not my area of expertise (small claims court procedure), but I'll give you my thoughts. The answer probably depends on the reason why defendant was not notified. If no notice was sent, but it is required, then defendant has a valid argument that the award is unfair. (Even though final judgments from small claims are usually just that.) If the notice was sent but defendant did not pick up his mail, or can not prove that there was a valid reason for not receiving it, then it is much tougher, if not impossible, to do anything at this point.

Defendant's best bet is to call the clerk of the small claims court and ask the same question posted here. Is it too late to oppose the motion for attorney's fees, given that defendant did not receive notice? It probably would not hurt to send to the court a request for reconsideration, explaining that notice was never received. Be sure to include copies of whatever proof there is.

But first find out from the clerk what exactly was supposed to happen. Was notice required in the first place? I can't imagine that it wasn't, but small claims has different rules than "regular" court in order to keep things moving and finish cases quickly. If so, is there any procedure for requesting reconsideration?

Sorry I don't have the specifics, but I hope that helps.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.