Legal Question in Family Law in Florida

Can i vacate a default judgement hearing that i petitioned for and was set on my behalf,because of perjury,my son's mother lied about the amount of money i gave her ,and i have over $2,000 more for the last two years in canceled checkthat she cashed.The hearing is coming up but i would like to file a motion to vacate it because of perjury/fraud.The Default judgement hearing was not recorded,so i cannot provide a copy of the transcript as requested by the Judge


Asked on 2/07/10, 11:14 pm

2 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

Your question is procedurally confusing. One does not vacate a hearing; one can cancel a hearing. One can move to vacate a default judgment, but not if the judgment is against someone else. I cannot tell from your question whether a default judgment was entered, or against whom, or what the next court hearing is about.

The best I can surmise here is that someone has moved for a default judgment against you, and you did default, but now you want to defend the case. If this has something to do with family law, then I am completely lost.

You should ask a better question to get a better answer. And, I do not recommend you proceed pro se in any event.

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Answered on 2/13/10, 4:01 am
Lucreita Becude Lucreita D. Becude, P.A.

Need to ask a better question. Too confusing. You vacate a judgment is you have been awarded a judgment. You can voluntarily dismiss an action if you brought the action.

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Answered on 2/13/10, 6:35 am


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