A Florida court recently vacated a final default judgment exceeding half a million dollars against our client after finding that he was never properly served with the lawsuit. This ruling reinforces a fundamental principle of Florida law: a judgment cannot stand when a defendant was not given proper notice and an opportunity to be heard.
Because the judgment has now been vacated, our client will finally have the chance to defend himself in court, which is exactly what Florida’s service of process rules are designed to protect.
Why Service of Process Matters Under Florida Law
Service of process is not a technicality. It is the mechanism by which a person is formally notified that a lawsuit has been filed against them. Florida courts require strict compliance with service of process statutes to ensure fairness and due process.
If service is improper, the court does not acquire jurisdiction over the defendant. Any judgment entered without proper service is vulnerable to being set aside, regardless of the size of the judgment or how much time has passed.
In this case, strict compliance with Florida’s service rules made all the difference.
How the Default Judgment Was Entered
Our client was unaware that a lawsuit had been filed against him. Because he did not appear or respond, the plaintiff obtained a final default judgment for more than $500,000. After securing the judgment, the plaintiff began efforts to garnish our client’s bank accounts.
Only then did our client learn that a lawsuit even existed.
Improper Service at a Former Residence
Once retained, our firm immediately investigated how service of process had allegedly been completed. We discovered a critical defect.
The process server left the summons and complaint at the home of our client’s parent. Although this may have once been our client’s residence, it was no longer his usual place of abode at the time of service.
Florida law is clear. Substitute service is only valid when documents are left at the defendant’s current usual place of abode with a person residing there. Leaving legal papers at a former residence, even a family member’s home, does not satisfy the statute.
Motion to Quash Service and Vacate Judgment
We promptly moved to quash the improper service of process and to vacate the final judgment. The court agreed that service did not comply with Florida’s strict statutory requirements and ruled that the judgment could not stand.
As a result, the default judgment was vacated in its entirety, and our client is no longer subject to enforcement efforts based on a judgment entered without proper notice.
A Matter of Due Process and Fairness
As attorney Orestes Garcia, who handled the matter, explained: “I believe this is the correct outcome. We have strict service of process laws so that everyone has a fair chance to be made aware of lawsuits against them, and be able to have their day in court. I look forward to presenting my client’s defense.”
This ruling reflects the courts’ recognition that procedural safeguards exist for a reason. Regardless of the claims asserted, every defendant is entitled to notice and an opportunity to be heard before a judgment is imposed.
What This Case Means for Defendants in Florida
This case serves as an important reminder for individuals and businesses facing unexpected judgments or garnishment actions. If you were never properly served, the judgment against you may be legally defective.
Florida courts do not excuse improper service, and plaintiffs bear the burden of proving that service complied strictly with the statute. When they cannot meet that burden, even large judgments can be undone.
Contact Our Litigation Team
If you are facing a default judgment, wage garnishment, or bank levy and were never properly served with a lawsuit, contact an experienced attorney in Miami at 305-570-2208.
You can also contact attorney Eduardo A. Maura at eduardo@ayalalawpa.com.
Schedule a case evaluation online here.
[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].
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