The good news is, the failure to comply with Florida’s service of process requirements means a Judge is without authority to enter a default. Oftentimes, after performing a case search, a searcher finds out that a judgment has been entered against them. Read: Insufficient Service of Process in Florida Was There a Default Judgment Entered Against You? In fact, if service isn’t performed correctly, it is grounds to dismiss a lawsuit and perhaps set aside a judgment. Note: Service of process is a critical element of any lawsuit because it relates to our fundamental due process rights (notice and the opportunity to be heard). There are so many issues relating to service of process that we wrote an article about it, especially issues related to defendants intentionally avoiding service. Service of process is where a Sheriff or authorized process server hands you the lawsuit along with a court summons (in certain types of cases they can post the lawsuit and summons on your door). The first issue to address when you discover that you were sued in Broward is to determine if service of process occurred and if so was it done correctly. If the verified return of service is filed, and you still maintain that you were not served, or if you were served it was done so improperly, you need to move quickly to address the issue, especially if a default judgment was entered against you. If so, that means an officer of the court is swearing that you were served with the lawsuit. If there is a case, and you weren’t aware of it, then you need to check to see if a verified return of service is included on the docket. Typically, family law cases, probate cases, guardianship cases, and other specific types of documents, are protected due to privacy issues. Those documents will either have a “lock” symbol or a red icon. Also, some documents may not be viewable. You have to select “View All Pages” which is in the top left corner once you click on the document you want to view. Note: When you select a document it will only show you the first page of the document. The court docket is the record of all of the documents (papers) filed in your case. Once you are there, you can search by your name, business name, and/or case number.Īfter finding your case, click on the case number to display the court docket. If you were sued in Broward, then go to the Broward County Clerk of the Circuit and County Court Official Website to perform a case search. How Do You Know If A Lawsuit Is Pending In Broward?Īnswered By A Board Certified Civil Trial Lawyer and An Expert In Civil Procedure
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |