Legal Question in Civil Litigation in Florida

Re: Small Claim Judgement

If there is a judgment against you, nothing else has to happen. If the judgment was entered for over a year, it is very unlikely that you will be able to set it aside, particularly if you were served with the complaint originally and had notice of the action and the judgment being entered.

The one year rule refers to the rule that can get a case dismissed for lack of prosecution. Once there is a judgment, the case need not be prosecuted and even if it was dismissed the judgment would still survive.

Re: Small Claim Judgment

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 nformation, 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.

I am afraid that you heard wrong. Once a judgment has been in place for one year, there is nothing you can do other than to pay it. It cannot be reversed. The time to challange a claim is prior to a judgment being entered, not afterwards.

Scott R. Jay, Esq.