proceduralUnited States · Florida (Statewide)Difficulty: Medium
Late or No Receipt of Hearing Notice
When a hearing date is set and the agency fails to provide written notice at least 14 days in advance (per most municipal procedural rules and due process minimums), or notice is sent to a stale address, the resulting default judgment can be set aside. Motion to vacate must be filed promptly upon learning of the judgment.
Legal basis
Fla. R. Civ. P. 1.540(b); F.S. §162.12; due process
Sample appeal wording
TO: Clerk of Court / Hearing Officer RE: Citation # [#] / Default Judgment I move to vacate the default judgment of [DATE] under Fla. R. Civ. P. 1.540(b)(1) and (4). I never received notice of the hearing — agency records show notice was mailed to [STALE ADDRESS], from which I had moved on [DATE]; my updated address has been on file with HSMV since [DATE] (registration printout attached). The judgment was entered without due-process notice and must be set aside. [NAME] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Florida Rules of Civil Procedure 1.540
- Florida Statute §162.12