Imagine
that a neighbor accuses you of a civil wrongdoing. He claims you
destroyed his prized garden gnome, an original worth around $14k.
Only you are innocent, and you have an alibi: you were clocked in and
working at the time the gnome was claimed to have been destroyed.
Still outraged, he scurries off to the local court and files suit
against you. Papers are served detailing the facts as your neighbor
sees it: Neighbor v. Gnome Killer. You laugh because your manager
agreed to come and testify as to your alibi AND bring the software
printouts proving you were at work.
But
you look down and see instructions from the court: "In order to
bring up any defense you must pay into the court registry the amount
in dispute. Failing to do so will entitle the Plaintiff to a default
ruling." Huh? You have to pay $14k just to have a judge hear you
out. Sounds ridiculous? I agree.
However,
in several states, including Florida this is a reality for certain
defendants. If your landlord wants to evict you for
non-payment, you must pay into the court registry an amount of the
uncontested rent or the landlord is entitled to a default against
you. Even if the landlord violated your rights (such as proper notice) some
courts set that violation aside and refuse to hear the defendant
unless you cough up the cash.
The
reasoning I imagine is that once the landlord proves his or her
case they are entitled to payment immediately without having to hunt
you down. But this is not a good enough reason. Plenty of lawsuits progress
without defendants having to pay to be heard by the judge. Arguably this is a violation of your Constitutional rights. If you are being
asked to defend such an eviction, contact this law office, we will be
pleased to go over your specific case.
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Jimmy Davis is a practicing attorney in the Central Florida area. He practices in many areas of law, but is most interested in family and business law. He is particularly interested in the aftermath of Constitutional and Florida Constitutional rulings and how they help or hinder his clients' interests. He is available for free consultations on a variety of legal topics. Visit www.lawofficesofjimmyallendavis.com for more information.
