Legal Question in Civil Litigation in Florida
How to file a motion to correct judgement
I was the plaintiff in a civil action in 2204. A judgement was awarded to me in the amount of 5000.00 Just recently, I noticed that the spelling of the defendants name and address is incorrect. Example, instead of CR 471, it is Hwy 471. Last name was spelled incorrectly. Also, I have relocated to another county since then and as a result, need to correct my address. I want to correct the changes on this judgement so I can then file a lien upon defendant. I want to make sure that I can lien his business, which is where the civil action started. It is in his name as well. This defendant sold my boat without permission so I want to make sure I cover all my bases. This is a small town and no one seems to be able to answer these questions, even at the courthouse. No attorney will take this on due to the fact that I did not retain one for the judgement. I just need to know how to write and word the Motion to Change, and any legal rules that may apply. Also, how to write, word a Notice of Hearing, which comes after the Motion. Would appreciate any help. Thank you.
1 Answer from Attorneys
Re: How to file a motion to correct judgement
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.
The process to correct a judgment generally requires you to file a motion. In the motion you would tell the Court that you want to file a corrected final judgment and let the judge know what the errors are. You may wish to file the proposed corrected judgment at the same time so that the judge knows that you are sincere in proceeding and not simply adding another open file to the court calendar.
You may be required to pay a fee to reopen the file if it has been closed as is required in Miami-Dade County. Generally this fee is around $50.00.
Scott R. Jay, Esq.