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  1. #1
    Join Date
    May 2008
    Posts
    6

    Default Getting A Judgment Vacated

    My question involves judgment recovery in the State of:FL

    The judgement was won in default.
    Was never served, and was living at a different residence.
    History of court shows that was served, but I dont see how that's possible.

    Moved to NC, and trying to vacate judgement.

    Is it possible to serve someone in FL w/out the person being present?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Judgement Vacated?

    You can check the court file to see how service was (allegedly) effected. It is possible in every state to get a court to allow "substituted service" to effect service on somebody who is proving difficult or impossible to serve in person. The court file will indicate if such an order was issued in your case.

  3. #3
    Join Date
    May 2008
    Posts
    6

    Default Re: Getting A Judgement Vacated

    what exactly will I be looking for?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Getting A Judgement Vacated

    Information on how service was allegedly effected.

  5. #5
    Join Date
    May 2008
    Posts
    6

    Default Re: Getting A Judgement Vacated

    i'm looking at it online since I'm in NC.

    It shows a badge number but I dont know how in the world they served me??
    I never got anything!

    How can I have this judgement vacated or dismissed?

    thank you

    03/30/06 SUMMONS RETURNED - NO SERVICE DN01
    03/14/06 NOTICE OF FILING: ALIAS SUBPOENA
    01/17/06 SUBPOENA RETURNED
    12/22/05 NOTICE OF FILING: SUBPOENA
    11/28/05 SUBPOENA RETURNED
    10/17/05 NOTICE: OF FILING SUB FOR PRODUCTION OF DOC UPON XXXXX XXXX
    12/20/04 NOTICE: POST JUDGMENT TO SETTLE & FACT INFO SHEET REQUEST
    11/29/04 NOTICE: TO DESIGNATE WHICH ASSETS/WAGES ARE EXEMPT
    11/18/04 NOTICE: POST JUDGMENT TO SETTLE & COMPLIANCE NOTICE
    11/09/04 22810 / 4820
    Pages: 1 DEFAULT FINAL JUDGMENT $ 610.00 BK:XXX10 PG:XX20 DN01
    11/04/04 AFFIDAVIT AS TO ATTORNEY FEES
    11/04/04 AFFIDAVIT AS TO COSTS
    11/04/04 AFFIDAVIT AS TO INTEREST
    11/04/04 FINAL DISPOSITION DOCUMENT
    11/04/04 MOTION FOR FINAL JUDGMENT
    09/20/04 AFFIDAVIT OF INDEBTEDNESS
    09/20/04 DEFAULT DN01
    09/20/04 MOTION FOR DEFAULT
    09/20/04 NON-MILITARY AFFIDAVIT
    08/26/04 SERVICE RETURNED BADGE # XX91 S 08/24/2004 DN01
    08/02/04 COMPLAINT $ 11266.65
    08/02/04 SUMMONS ISSUED DN01

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Getting A Judgement Vacated

    The docket/calendar entries are not the court file. If you do not understand what a court file is, I suggest you retain a lawyer to help you.

  7. #7
    Join Date
    Jun 2008
    Posts
    10

    Default Re: Getting A Judgement Vacated

    8/26/04 SERVICE RETURNED BADGE # XX91 S 08/24/2004 DN01

    looks like it was returned .... i.e not served

  8. #8
    Join Date
    May 2008
    Posts
    6

    Default Re: Getting A Judgment Vacated

    actually it was served ....i went to miami, and got a copy of the served papers.

    the residence is a 8story building...and this is how it was 'served'.
    the officer left these comments...

    "stated she had a headach and to leave her alone. left copy at front entrance. spoke with her on call box"

    The officer left the document at the front entrance of a building that has like 100 units! He wrote that he spoke with someone on the call box, and never went to the front door.

    I'm not sure if this is grounds to vacate....but this is the reason why we never got the documents.

    Are there any attorneys in Miami, FL that i can speak to or is there a way for me to file paperwork to vacate this?

  9. #9
    Join Date
    May 2008
    Posts
    6

    Default Re: Getting A Judgment Vacated

    also...

    it has 3 options on the paperwork

    1. Individual service on "to be served"
    2. Substitute service (serve on a person residing of 15yrs or older)
    3. Corp service


    Number 1 was checked off....so the 'defendant' HAS to be served.

    I dont understand on how it was 'executed' when it clearly writes that he left it at the front entrance of a huge condo building.

  10. #10

    Default Re: Getting A Judgment Vacated

    You can retain an attorney or you can file a motion to vacate the judgment for lack of service. You or an attorney will have to appear for a hearing on the motion. There is a link at the top where you can look for attorneys.

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