A “judgment” is the court’s final order. It is the official decision that ends a case. It says who won and who lost. It also says what must be done. For example, in a divorce, the judgment says who gets what property. “To vacate” means to cancel or erase. When you vacate something, you are making it void, as if it never happened. A “motion” is a formal request to the judge. You are asking the judge to do something specific.
So, a motion to vacate judgment is a written request. You are asking a judge to cancel a final judgment. If the judge agrees, the old judgment is gone. The case might be over, or it might be opened up again.
This is not the same as an appeal. An appeal is when you ask a higher court to review your case. A motion to vacate goes back to the same judge or court that made the first decision. You are saying that a problem with the original case means the judgment is not fair.
This is a serious step often used in family law matters. For example, you might need to challenge a final order about child custody, visitation, or child support if you believe there was a major legal error or unfairness in the process. If you feel a court’s final decision was unjust, keep reading to learn about your options.
When Can a Motion To Vacate Judgment Be Granted in Florida?
A judge will not vacate judgment easily. You need to have a strong, specific reason that is allowed by Florida law. Just being unhappy with the outcome is not enough. The court needs to see that the process was flawed or unfair.
Here are some of the main reasons a judge in Florida might grant your motion:
1. Mistake, Inadvertence, or Excusable Neglect
This is a common reason. It means you made an honest mistake. It wasn’t on purpose. For example, maybe you wrote down the wrong court date. Or maybe you had a sudden medical emergency and could not get to the courthouse. The mistake must be one that a reasonable person might make under the circumstances. You must also show that you were trying to handle your case properly.
2. Newly Discovered Evidence
Sometimes, you find important information after the case is already over. To use this reason, the evidence must be something you could not have found before the judgment. You must show that you looked for it with reasonable effort. Also, this new evidence must be so important that it would likely change the judge’s original decision. For instance, in a spousal support case, you might find hidden bank accounts after the divorce is final.
3. Fraud or Misconduct by the Other Party
This is a very serious claim. It means the other person in your case lied or cheated to win. They might have hidden important documents. They might have lied on the witness stand. Or they might have stopped you from being able to present your case. If you can prove the other side committed fraud, a judge will likely vacate the judgment. Fairness is important to the court.
4. The Judgment is Void
A judgment is “void” if the court did not have the power to make the decision in the first place. This is not about whether the judge was right or wrong. It is about whether the court had the authority to hear the case at all.
A common reason for a void judgment is improper service of process. “Service of process” is the formal legal way you are given notice of a lawsuit. The law has very strict rules for how court papers must be delivered to you. If the other party did not follow these rules, you may have never been legally notified. If you were not notified, the court did not have power over you. Any judgment against you would be void.
5. The Judgment Has Been Satisfied or Discharged
This reason applies if the judgment has already been taken care of. For example, if a judgment ordered you to pay a debt, and you have proof that you paid it, you can ask for the judgment to be marked as satisfied. This is less about canceling the judgment and more about showing that it is finished.
The reason you choose is very important. Some reasons have strict deadlines. For mistake, new evidence, or fraud, you usually must file your motion within one year of the judgment. For other reasons, like a void judgment, you may have more time. A Florida child custody lawyer can help with family cases, and a civil lawyer can assist with other types of cases. Many Florida lawyers offer a lawyer consultation to help you figure out the correct reason and deadline for your situation.
In Florida, What Are the Steps for Filing a Motion To Vacate Judgment?
Filing a motion with the court involves careful steps. If you miss a step, your motion could be denied. It is important to be organized and follow the rules. Here is a general guide to the process.
Step 1: Get the Correct Forms
Your first step is to get the paperwork. Florida’s court system has forms for many common situations. You can often find these forms on the court’s website for your county. You will need a “Motion to Vacate” form. If you are dealing with a default judgement, there might be a specific form to vacate a default judgment.
Step 2: Fill Out the Motion and a Declaration
The motion is the document where you formally ask the judge to cancel the judgment. You must state clearly what you want and why.
You will also likely need to write a declaration or affidavit. A declaration is a statement you make under penalty of perjury. This means you are swearing that everything you have written is true. In this document, you will tell your story. You need to explain the facts that support your reason for vacating the judgment. For example, if you claim you were never served with papers, you would explain that in detail.
Step 3: Gather Your Evidence
You cannot just say something happened. You need to show proof. Your evidence must support the story in your declaration.
- If you had a medical emergency, get a note from your doctor.
- If you found new evidence, attach copies of the new documents.
- If you claim there was bad service of process, you might need to show where you were living at the time. Your proof needs to be strong. It has to convince the judge that a mistake was made.
Step 4: Make Copies and File With the Court
Once your motion, declaration, and evidence are ready, you need to make copies. You will need one copy for yourself, one for the other party, and the original for the court. Take the original and the copies to the court clerk’s office. The clerk will stamp them and keep the original. This is called “filing.” You may have to pay a filing fee.
Step 5: Serve the Other Party
You must legally notify the other person in the case that you have filed a motion. This is called “serving” them. You cannot just hand them the papers yourself. Usually, you need someone else over 18 who is not part of the case to deliver the papers. Or, you can hire a professional process server or use the sheriff’s department.
The person who serves the papers must fill out and sign a form. This form is often called an affidavit of service or proof of service. This form tells the court who was served, and when and where it happened. You must file this proof of service with the court.
Step 6: Go to the Court Hearing
After you file, the court will set a date for a hearing. At the hearing, both you and the other party will have a chance to speak to the judge. You will explain why you think the judgment should be vacated. The other side will explain why it should not be. The judge will listen to both sides and look at the evidence. Then, the judge will make a decision.
What if This Is Not Accepted by the Courts as Evidence?
When you file your motion, the judge will look carefully at your proof. The judge acts as a gatekeeper. They only let in evidence that follows the rules. If your evidence is not accepted, it can hurt your chances of success.
Here are some reasons why a judge might not accept your evidence:
- It is not relevant: The proof you offer must relate directly to your reason for filing the motion.
- It is not believable: The judge might think the document is fake or the story does not make sense.
- It is hearsay: Hearsay is an out-of-court statement offered to prove the truth of the matter. There are many complex rules about hearsay. Generally, you cannot use what someone else said outside of court as evidence.
- You waited too long to find it: For newly discovered evidence, you must show you could not have found it earlier, even if you tried. If the judge thinks you could have found it before the judgment, they will not consider it “new.”
If the judge does not accept your evidence, your motion will be weaker. The judge makes a decision based on the information they are allowed to see. Without strong proof, it is just your word against the other person’s. The person who files the motion has the job of convincing the judge. This is called the “burden of proof.”
If the court denies your motion because your evidence was not good enough, the original judgment stays in place. This can be very frustrating, especially in a debt collection case where money is involved. It is one of the main reasons why getting legal help from a Florida collection attorney is so important. A lawyer knows the evidence rules. They can help you present your proof in a way the court will accept.
Do I Need a Florida Lawyer for Help With a Motion To Vacate Judgment?
Having an experienced Florida lawyer can make a real difference. A lawyer can review your case to see if you have a strong reason to file the motion. They will handle the paperwork, gather the right kind of proof for the judge, and make sure everything is filed on time. In court, your lawyer will speak for you, presenting a clear and persuasive argument.
The type of lawyer you need will depend on your specific case. For family law matters like divorce or child custody, a Florida family lawyer is your best choice. No matter your situation, a lawyer consultation can help you understand your options. You do not have to face this alone. LegalMatch can help you find the right attorney in Florida to guide you and fight for a fair result.
