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To ask a court to set aside (cancel) a court order or judgment, you have to file a request for order to set aside, sometimes called a motion to set aside or motion to vacate. The terms set aside or vacate a court order basically mean to cancel or undo that order to start over on a particular issue.
Vacating a Florida Judgment Florida Rules of Civil Procedure 1.540 allows a defendant to vacate of judgment for numerous reasons including: mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, the judgment is void or the judgment has been satisfied.
If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to set aside (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.
You can attempt to negotiate a settlement for the judgment amount. You can file bankruptcy and discharge the judgment. Or you can do nothing and let the judgment creditor forcefully collect. Regardless of how its done, once the judgment has been paid a satisfaction of judgment will be filed with the court.
To remove a judgment from court records, you would have to pay in full as well. This would result in the case closing, and the courts would remove it.
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You can tell the clerk that you want to file an order to show cause (OSC). On the OSC form you can tell the court why they should vacate this judgment based on either excusable default, lack of personal jurisdiction, or both. The OSC should include 1) a reasonable excuse and 2) a good defense.
Vacating a Florida Judgment Florida Rules of Civil Procedure 1.540 allows a defendant to vacate of judgment for numerous reasons including: mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, the judgment is void or the judgment has been satisfied.
A judgment is void if entered by a court without subject matter jurisdiction, Tannenbaum v. Shea, 133 So. 3d 1056, 1061 (Fla. 4th DCA 2014) (citation omitted), or if the due process guarantee of notice and a real opportunity to be heard were violated, Shiver v.
You may dispute a judgment on your credit report based on the following arguments: The Debt Was Paid. The credit agencies will remove the judgment from your credit report if you can show that you did, in fact, pay your debt on time.
A judgment is good for 10 years and Florida allows a creditor to renew a judgment before the expiration of the 10 years for an additional 10 years, thus giving a judgment almost unending life.

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