Once your lawyer has filed the lawsuit on your behalf you are required to attend a mediation unless the Judge enters an order that mediation is not required in your case. It is usual for the defense lawyer to ask that you waive the Defendants presence since the adjuster is the one who writes the check. Your lawyer will not excuse the Defendants because your lawyer wants the insureds to see how their insurance company continues to take risks at the insured’s expense rather than pay the policy limits.
In addition, if the Defendants fail to appear the failure to attend is a violation of the Court’s order sanctions will be imposed which must be paid or other sanctions may be available to you including the Judge striking the defendants pleadings and entering a judgment on your behalf.
In one Florida case the Defendant failed to appear at the scheduled mediation. The Defendant was aware of the mediation and all persons appeared except the Defendant. The Plaintiff’s lawyer filed a Motion to Impose Sanctions for the Defendant’s failure to appear. The Judge imposed sanctions and gave the Defendant to pay all the sanctions within 30 days of the trial court’s order. The Defendant failed to pay the sanctions ordered to be paid within the 30 days.
The lawyer for the Plaintiff filed a verified petition to strike the Defendant’s pleadings as a further Sanction and enter a default judgment against the Defendant.
The Court conducted a hearing and made findings of fact that the Defendant exhibited a deliberate and contumacious disregard for the Court’s Mediation Order and Sanctions Order.
Thereafter, the Court stated that the Defendant’s Answer is hereby stricken and judgment is entered in favor of the Plaintiff in the amount of $943,131.65, which sum shall bear interest at the rate of 4.75 per year, for which let execution issue forthwith.
Furthermore, in accordance with Fla.R.Civ.P. 1.560, it is further ordered and adjudged that Defendant,shall complete under oath Florida Rule of Civil Procedure Form 1.977 (Fact Information Sheet), including all required attachments, and serve it on Plaintiff’s attorney within 45 days from the date of this final judgment, unless the final judgment is satisfied or post judgment discovery is stayed.
The Court retained jurisdiction of this case is retained to enter further orders that are proper to compel Defendant to complete Form 1.977, including all required attachments, and serve it on Plaintiffs’ attorney.
Your lawyer may achieve a successful outcome in a manner that you never thought possible. In this case the Court was requiring the Defendant to complete forms in “aid of execution” so that the Plaintiff’s lawyer could proceed to establish what assets could be sized to satisfy the judgment against the Defendant.