What Happens If You Ignore a Lawsuit? Lessons from Le’Veon Bell’s $25M Judgment

Former NFL running back Le’Veon Bell is facing a $25 million civil judgment after an Ohio jury ruled in favor of a female relative who accused him and his brother of sexual abuse dating back to when she was a minor. The case proceeded without Bell’s participation, leading to a default judgment, a legal consequence that can arise when a defendant fails to respond to a lawsuit. Bell has denied the allegations and is now seeking to overturn the judgment, citing due process violations.

This high-profile case raises important legal questions about default judgments, proper service of process, and a defendant’s rights in civil lawsuits. Below, we explore how default judgments work and what individuals should know about their legal rights in Florida.

What Is a Default Judgment?

A default judgment occurs when a defendant fails to respond to a lawsuit within the required timeframe. When this happens, the court may automatically rule in favor of the plaintiff. The judgment can include monetary damages or other relief sought by the plaintiff, as seen in the $25 million verdict awarded against Bell.

In Florida, default judgments are governed by Florida Rule of Civil Procedure 1.500, which allows a court to enter a judgment against a defendant who:

• Fails to file an answer or other legal response within the deadline.
• Ignores court proceedings after being properly served.
• Does not appear at scheduled hearings.

However, a default judgment does not automatically mean the case is over—it can be challenged and overturned in certain circumstances.

How Service of Process Works in Florida

One of Bell’s primary arguments for overturning the judgment is that he was never properly served with the lawsuit. Service of process is a critical step in any legal proceeding, as it ensures that the defendant receives formal notice of the claims against them.

In Florida, proper service of process requires:

• Personal service – A process server or law enforcement officer delivers the lawsuit documents directly to the defendant.
• Substituted service – If personal service fails, the documents may be left with a co-resident at the defendant’s usual place of residence.
• Service by publication – If the defendant cannot be located, the court may allow notice via publication in a newspaper.

If a defendant can prove that they were never properly served, they may have grounds to overturn the judgment under Florida Rule of Civil Procedure 1.540(b), which allows judgments to be vacated due to:

• Mistake, inadvertence, or excusable neglect.
• Fraud or misconduct by the plaintiff.
• Newly discovered evidence.
• Lack of proper notice or due process violations.

The plaintiff’s attorney in this case argues that they followed all legal requirements under Ohio law, but if Bell can show that he was never given a fair chance to respond, the judgment could potentially be reversed.

Civil Lawsuits vs. Criminal Charges

It is important to note that Bell and his brother were never criminally charged in this case, despite the victim filing a police report in 2022. This highlights a key distinction in civil vs. criminal law:

• Criminal cases require proof beyond a reasonable doubt to convict the accused, and charges must be brought by a prosecutor.
• Civil cases require a lower standard of proof, known as “preponderance of the evidence”, meaning it is more likely than not that the defendant is liable.

Because civil cases have a lower burden of proof, a plaintiff can still win a lawsuit even if the defendant was never criminally charged.

Lessons From This Case: Protecting Your Legal Rights

This case serves as a reminder of the importance of responding to legal matters promptly. Whether you are facing a lawsuit or seeking justice as a plaintiff, understanding the legal system is critical. Here are some key takeaways:

• Always respond to a lawsuit – Ignoring legal documents can result in a default judgment that could be difficult to overturn.
• Verify service of process – If you are sued, ensure that service was completed correctly under Florida law.
• Consult an attorney immediately – If you receive legal paperwork, speaking to an attorney as soon as possible can help protect your rights.
• Default judgments can be challenged – If you believe a judgment was entered against you unfairly, you may have legal options to overturn it.

At Flanagan & Bodenheimer Injury & Wrongful Death Law Firm, we handle complex civil litigation and fight for justice in cases involving personal injury, wrongful death, medical malpractice, motor vehicle accidents, and other forms of negligence. If you need legal guidance, contact us at 305-638-4143 for a free consultation today.