Q: Our case was never heard and no mediation, the judge issued a default to plainiff.
How can a judge issue a final judgement without giving us a chance to present the case? The owner along with a tenant contracted for construction to the rental unit. All invoices presented by contractor were paid. Owner was later presented with a bill from a subcontractor, no contract or dealings with this subcontractor. We ask for itemized bill to present to contractor but was given general scope of work for a set amount. We did not pay so subcontractor took it to small claims. The property manager representative owners, unfortunately letter for power of attorney (POT)was missing the llc (we were not told this and did not realize it needed to be included as both owners were noted). The case was not heard and a default judgement was issued to the plaintiff. We file motion to set aside judgment and once again did not include the llc in POT. The property manager was present but did not even get a chance to go to mediation or present the case. Jusge just issued a defaul, whatnex
A:
Your statements are confusing but it seems like you were attempting to have a property manager represent you or a group of owners in court? That would be the unlicensed practice of law and a felony in Florida. A default is entered whenever you do not file an answer to a lawsuit. The summons serving the lawsuit spells out the timeline for filing an answer. Once you have a default entered, you have lost your right to defend against the case and the plaintiff can get a default summary judgment. A motion to set aside the default has to be filed before the motion for default summary judgment is heard.
At this point you are obviously in over your head and need a lawyer immediately. The timeline to try to fix this is very short; 15 - 30 days from the date judgment was entered, depending on the remedy.
A: Sounds like the default was entered due to someone's error, which may have been made due to failure to consult an attorney. In small claims court, an LLC does NOT need an attorney to represent the LLC if the proper documentation is prepared to authorize an eligible person to engage in the representation. Here, an error apparently was made regarding that documentation, and the issue for setting aside the default is whether the error constitutes excusable neglect. Generally, ignorance of the law, in itself, is not sufficient to show that the neglect was excusable. Once the Court has denied a motion to set aside (or vacate) a default judgment, the defaulted party must either live with it or appeal within 30 days of entry of judgment. "Live with it" means either pay up or determine if there's any means of asset protection to avoid it, without such action constituting fraudulent conduct.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
