FL Insurance/Traffic/Civil laws, Can I overturn judgement? Was in car accident in 2003...
1 attorney answer
There is one thing I can think of that you could do. Florida Rule of Civil Procedure 1.540 (b) entitled Relief From Judgment, may offer you a chance to go to the court that entered the Final Judgment against you, and ask them to set it aside because you have a meritorious defense, and maybe you were not served properly with the papers. In the event that they did not obtain proper service upon you, but they told the court that they did, and now the judgment is based upon improper service, then you might have the judgment set aside.
You need to go to the civil court where you were sued, and examine the file carefully to find out how and when they served you with the complaint. If they did serve you properly, then you should not get the judgment set aside. If they did not serve you properly, it would be improper for the judgment to stand against you, provided you make your motion within 1 year of the judgment being entered against you.
On another note, if you file for bankruptcy, the suspension on your drivers license will end. The only reason your license is suspended is for failing to have insurance, and the fact that they think you owe money. Bankruptcy will discharge the debt, and therefore you get your drivers license back. Also, if you are successful in asking the court to set aside the judgment, you need to send a copy of the court order to the Department of Motor Vehicles, and that will un-suspend your drivers license.
As a final resort, if you can’t get the judgment set aside, you can ask the judgment holder to work with you and allow a payment plan. If you and the judgment holder reach an agreement, then the DMV will remove the suspension.
I hope this helps answer some of your question.
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