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Case was dimissed,but now i see a motion for default in court docket.

Fort Lauderdale, FL |
Filed under: Litigation

Case was presented at a non jury trial, and judge ruled in my favor, for lack of standing. Why has the bank days after the dismissal, has motion for default and non military affidavit.

Attorney Answers 5


  1. You really need to get a lawyer involved in this ASAP.


  2. Hard to say. If they have filed a motion for relief from the judgment of dismissal, that could make sense. Perhaps they miscalendared the trial date and that is why they werent there. You should consider getting copies of wht they filed at the court. If they have your address, they should be mailing papers to you directly. Did you file your answer to the complaint on a timely basis? Did it get sent to their atty? Sounds like they may have mixed up the file, and sent a default request by mistake, if you properly answered. Make sure the court has your proper address. Id wait to see what the court does with their request for default, assuming it isnt a motion for relief from the judgment. Best to get copies of what they filed with the court, and to see a local atty. to review. Did you get a judgment of dismissal from the court?


  3. There is just no way for you to overcome this by yourself. Hire a lawyer before its too late!

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  4. I think you should call the lawyer who filed a motion for default and then call the judge's office and schedule a motion for default for hearing. You probably need a lawyer to handle this though.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed.


  5. I recommend that you hire an attorney ASAP. Even if the case was presented at a non jury trial, there are several motions either party can file after the trial which may lead to such a motion. It is also possible this could be an error on their part if they are handling many cases at once. However, I recommend you hire an attorney to sort this out and make sure it does not come back again.

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