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Bmulin · Apr 29, 2010, 08:33 AM

On 04/11/2010, I received a letter in the mail stating "Default Final Judgement" with all the signatories on it. On 04/12/2010 I went to the Miami Dade court house (Circuit Court) to find out what this was all about and they gave me the file. I was being sued by Amex for not paying the bill. I looked through the file to see where they sent the court paper work that summons me to the court and they had sent it to one of the house that I owned and rented out. The server wrote on the paper work that he left it with a black amle, 160lbs with brown hair. And that does not describe me at all I have black hair. I have seeveral reasons that made us fall behind on the payments one of them being that the companies tha we offerde our business services too went out of business and others filed bankruptcy and so on.
I was told by the court clerk to file a motion to vacate default final judgement. How do I do this and what should I iclude in the document I am going to file.
The second question is do I have time to file this document, and if it is filed what will be the result. As I do not have moey to hire a lawyer at this present time.

JudyKayTee · Apr 29, 2010, 08:38 AM

Originally Posted by Bmulin

On 04/11/2010, i received a letter in the mail stating "Default Final Judgement" with all the signatories on it. On 04/12/2010 i went to the Miami Dade court house (Circuit Court) to find out what this was all about and they gave me the file. I was being sued by Amex for not paying the bill. I looked through the file to see where they sent the court paper work that summons me to the court and they had sent it to one of the house that i owned and rented out. The server wrote on the paper work that he left it with a black amle, 160lbs with brown hair. and that does not describe me at all i have black hair. I have seeveral reasons that made us fall behind on the payments one of them being that the companies tha we offerde our business services too went out of business and others filed bankruptcy and so on.
I was told by the court clerk to file a motion to vacate default final judgement. How do i do this and what should i iclude in the document i am going to file.
The second question is do i have time to file this document, and if it is filed what will be the end result. As i do not have moey to hire a lawyer at this present time.

I'm somewhat confused - you say it was SENT to a house and then you say it was LEFT with someone. Are you saying it was personally delivered and then mailed? I'd need to know more about how the Affidavit of Service reads (I own a process service company) before I can tell if this is legitimate/legal service. An adult CAN accept service on behalf of another adult. That's why it's handed to a third person and then mailed.

Inability to pay is not a defense so I wouldn't even mention it.

Your only hope is to get service set aside; however, if you do succeed, you will be served again and properly (possibly right in the Courtroom) and the case will be heard again. What is your defense to not paying the debt?

Bmulin · Apr 29, 2010, 08:49 AM

The house they delivered it too is mine and is rented to a tenant. I lreside at a different address which I can prove without a doubt but you answered that question that I will be served in court on the spot which is fine still.
The reason I can not pay the debt back at this moment I am in court battling with those that did not pay us in order to pay back the amex. Is there a way I can put hold on that final judgement so I can resolve the current battles I have with companies like Circiut City that went bankrupt?