How to address the court without attorney?

Due to my attorneys delay I now have a default judgement and garnishment against me. I filed for head of household exemption and a hearing was set. My attorney did not show, but the plaintiff's did. I told the judge my attorney was not present and that the garnishment was a hardship leaving me with zero pay after deductions.

The judge set a second hearing and now my attorney will be out of the country. My question is: While I am before the judge, can I make a motion to vacate the default judgment due to lack of proper representation until I can arrange for a new attorney and proper defense? Or should I move to dismiss?

I feel that the amount of the judgement (its a collection) is incorrect, the plaintiff never contacted me and they have the wrong phone number for me.
Suggestions???
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Answers (3)

Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
How to Address the Judge


Written by: Alan James Brinkmeier

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You will be at a distinct disadvantage. But, here are some tips about How to Address the Judge.

Going to the courthouse to speak with a judge is going to cause even the most outgoing person some anxiety. At court, disputes of all types are handled. If you are going there it is a good bet you are involved in or have some role is a dispute. This guide gives some hints how to talk with the judge

Be Respectful

Treat the judge with respect because he or she has earned it. The judge has years of legal training and lots of expertise. He or she is deserving of respect and you go a long way to having a better time of it if you show that respect to the judge.


Speak When Asked

The judge is used to speaking with lawyers but if you are going to speak to the judge, remember that he or she has a reason to see you. When the judge asks you to answer a question or series of questions that is the time to speak. Be truthful, honest and complete in your answers. Do not interrupt others or the judge when he or she is speaking. Be courteous of the judge and more likely than not that courtesy will be returned.


Finish Strong

In being polite, you still need to get your point(s) across. Make eye contact and speak openly with the judge. If you can be convincing to him or her, you will find that speaking to the judge is not as worrisome as you first thought.

Good luck to you.

God bless. I still suggest you use a FL lawyer as your advocate.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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Earl Kenneth Mallory

Earl Kenneth Mallory

Contributor Level 5
You need to do two things:
First-Hire a real lawyer to see if your problem may be resolved.
Second-please file a complaint with The Florida Bar. Help get rid of a bad lawyer.
see, http://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/c5b7d247a0c9c45a85256b2f006c6186?OpenDocument
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Jonathan H Levy

Jonathan H Levy Avvo Pro

Contributor Level 9
Your attorney is supposed to request a continuance, if your attorney is permitting you to attend hearings by yourself, consider hiring another attorney.
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