How can I get a judgment set aside/vacated?

Asked over 1 year ago - Fort Pierce, FL

4 months after moving my bank account was frozen because a judgment was granted against my wife and I with no knowledge of a hearing. My wages are exempt. Now my wife's wages are being pursued. How do I file a motion to set aside the judgment due to having no contract with the new owner and no due process? Again, no contract exist between us and the seller. Once the new owner bought the house through foreclosure, we agreed to the same rental rate we paid the prior owner. 3 days later, he said he wanted an additional $400 per month. I advised we'd leave at month's end. 4 months later I find out a hearing had been held and my bank account had been frozen. Shouldn't I have been served some sort of notice to appear in court? How do we owe the owner? We need help in getting the judgment vacated

Attorney answers (2)

  1. Sergio Cabanas


    Contributor Level 12

    Answered . I would need more information to answer and the question is somewhat confusing. However, it appears you have good grounds to vacate a judgment that was entered against you when you have had no service of process, and not part of the contract that was the basis of the lawsuit. If this is the case, you should consult with an experienced attorney in your area.

  2. Justin Michael Luna

    Contributor Level 4

    Answered . You were required to be served with the lawsuit. The Florida Rules of Civil Procedure set forth the requirements to vacate but you would also want a stay of execution pending resolution of this issue which may have to be done through an evidentiary hearing. Consult an attorney.

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