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Judgment entered in error and vacated


mgepark
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Amex sued me in small claims court, I appeared and disputed it and a motion to dismiss was filed after requesting certain documents, etc. The next thing a judgment was entered in error and then it was vacated by order to the judge. (I had an attorney but needed to file the vacate myself at the county and now it's hard to get any further answers from them) The erroneous judgment sits there (county records search) and the vacate which I filed is there, although, not clearly related. I had the three credit bureaus remove it when I advised of the vacate. My question is that background checkers, employment checkers, etc., would see the erroneous judgment and not relate the vacate and it's held against me and ruins me sought of in this world of checking everybody out. The case seems to have gone away also. Are there any remedies like expungement, etc. Thanks all.

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RULE 1.540 RELIEF FROM JUDGMENT, DECREES, OR ORDERS

 

(a) Clerical Mistakes. Clerical mistakes in judgments, decrees, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time on its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal such mistakes may be so corrected before the record on appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.

( b ) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc. 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 discovered in time to move for a new trial or rehearing; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) that the judgment or decree is void; or (5) that the judgment or decree has been satisfied, released, or discharged, or a prior judgment or decree upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or decree should have prospective application. The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than 1 year after the judgment, decree, order, or proceeding as entered or taken. A motion under this subdivision does not affect the finality of a judgment or decree or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, decree, order, or proceeding or to set aside a judgment or decree for fraud upon the court.

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 Name 

 Address

City, State and Zip Code

Telephone Number

 

 

IN THE DISTRICT COURT OF MY COUNTY STATE OF FLORIDA

 

Plaintiff Name

 

Plaintiff

 

vs.

 

Defendant Name

 

Defendant

 

Case No: ___________________

 

DEFENDANT'S MOTION TO CORRECT CLERICAL ERROR

 

Comes Now the defendant in this cause, asks the court to correct a clerical error in this case which was filed November 25th 2013 in this case pursuant to Florida Rules of Civil Procedure 1.540(a).

 

The error is ____________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

and should be corrected to read __________________________________________________

________________________________________________________________________

________________________________________________________________________

 

A proposed copy of the corrected is attached.

 

 

 

CERTIFICATE OF SERVICE

 

I certify I served a copy to all parties and their attorneys in the case by US Mail certified return receipt

 

Defendant

Case Number

Date

Signature

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