Default Judgment Failure to Respond Award

Default Judgment Failure to Respond Award Information

How default judgment works: the plaintiff files the complaint and serves the defendant, the defendant fails to respond (within the required time: 20 days for most civil complaints in Florida), the plaintiff moves for a clerk's default (the clerk enters the default: noting the defendant's failure to respond), and the plaintiff moves for a default judgment (the court enters judgment: awarding the plaintiff the requested relief). Two-step process: clerk's default (entered by the clerk: establishes the defendant's failure to respond), and default judgment (entered by the court: awards the plaintiff the relief: if damages are liquidated, the clerk may enter judgment; if unliquidated, the court holds a hearing). Setting aside a default: the defendant may move to set aside the default (showing: excusable neglect, a meritorious defense, and due diligence in seeking to set aside).

Florida Legal Definition

Default judgment in Florida is governed by Florida Rule of Civil Procedure 1.500 (Defaults and Final Judgments Thereon). Under Rule 1.500(a): when a party fails to file any paper in response: the clerk shall enter a default. Under Rule 1.500(b): the court may enter a default judgment (after the clerk's default has been entered). Under Rule 1.500(d): the court may set aside a default (for good cause shown). Under Florida case law: to vacate a default, the defendant must show: excusable neglect (a reasonable excuse for the failure to respond), a meritorious defense (a viable defense to the claims), and due diligence (prompt action to set aside the default). Under Florida practice: courts favor resolving cases on the merits (defaults are disfavored).

How It's Used in Practice

Attorneys manage defaults and default judgments. For plaintiffs: serve the complaint properly, monitor for the response deadline, move for clerk's default after the deadline expires, and move for default judgment. For defendants: respond to the complaint within the deadline, if default is entered: file a motion to vacate promptly (demonstrating excusable neglect, meritorious defense, and due diligence), and present the defense. The attorney advises: respond to every complaint within the deadline; defaults are disfavored but: failure to respond forfeits the right to defend; if a default is entered: move to vacate immediately.

Key Takeaways

• Rule 1.500: FL default judgment procedure.
• Two steps: clerk's default + court's default judgment.
• Set aside: excusable neglect + meritorious defense + due diligence.
• Courts favor resolution on the merits.
• Respond within 20 days to avoid default.

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Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC