Legal Question in Traffic Law in Florida
what can be done if i was sued for an accident but never recieved any notice, then a judgment was placed against me , and i was never notified then my licence was suspended
3 Answers from Attorneys
You can get a non-criminal infraction for driving on a suspended license WITHOUT knowledge. However, it sounds like you do have knowledge which would make it a criminal traffic charge punishable by either 60 days, 1 year, or 5 years prison depending on how many priors you have. You can try and get your license back by working out a deal on the judgment and have whoever placed it on there remove it from the DHSMV record allowing you to get your license back.
The court issued a civil judgment against you. In order to enter a judgment against you, the judge must have found that you were notified about the lawsuit in some way. Nevertheless, you may be able to get the civil case re-opened and ask the judge to vacate the judgment. However, if you have no real defense to that case (because you caused the accident), then this may not really be of any benefit.
You may also be a good candidate for bankruptcy, depending upon the amount of your income, assets and other debts. In bankruptcy you may be able to wipe out this judgment, and this would permit you to get your driver's license re-instated. We file a lot of personal bankruptcies for clients. We offer a free initial consutltation and would be happy to discuss the situation with you.
It isn't necessarily true that the judge determined that you were notified about the lawsuit, as Mr. Meyer suggests. It may be that the clerk made the determination based on a form filed by the insurance company's lawyer. Or it may be that the insurance company who sued you claimed they couldn't find you and published notice about your case in a legal newspaper which almost no one reads. You may not have ever had a chance to defend yourself. Nevertheless, it's probably a good idea to speak with Mr. Meyer's office about having your case re-opened or filing bankruptcy.
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