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A satisfaction can be executed, acknowledged and filed by the attorney of record for the holder, but only if payment is made in full.
In Florida, a ?void judgment? is so defective that it is deemed never to have had legal force and effect, while a ?voidable judgment? is a judgment that has been entered based upon some error in procedure that allows a party to have the judgment vacated, but the judgment has legal force and effect unless and until it ...
Rule 1.500 - DEFAULTS AND FINAL JUDGMENTS THEREON (a) By the Clerk. When a party against whom affirmative relief is sought has failed to file or serve any document in the action, the party seeking relief may have the clerk enter a default against the party failing to serve or file such document.
On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, decree, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been ...
Rule 1.540 of the Florida Rules of Civil Procedure provides that the court may relieve a party from a final judgment for enumerated reasons such as mistake, inadvertence, surprise or excusable neglect; newly discovered evidence; fraud, misrepresentation, or other misconduct of an adverse party; that the judgment if ...
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.
To vacate a Default, an individual must meet all elements of a 3 part test. The 3 elements include: Excusable Neglect: An individual does not respond due to a misunderstanding, clerical error, or human error. Meritorious Defense: The Individual must attach an Answer and Affirmative Defenses to their Motion to Vacate.
A satisfaction of judgment is a document signed by a judgment creditor and generally filed with the court, indicating that a judgment has been paid in full.