What Is a Default Judgment?
When a Florida plaintiff files a civil complaint and the defendant is properly served with the lawsuit, the defendant has exactly 20 days to file a written response with the court. If the defendant ignores the lawsuit and fails to respond within that deadline, the plaintiff can ask the Clerk of Court to enter a default against the defendant.
Once a default is entered, the defendant loses the right to contest the plaintiff's claims. The case proceeds as if the defendant admitted everything in the complaint. The plaintiff then asks the judge for a default judgment, which awards the full amount of damages demanded, often without a trial or any opportunity for the defendant to present evidence.
The Two-Step Process
- Step 1: Clerk's Default — The plaintiff files a "Motion for Default" with the Clerk of Court, showing that the defendant was properly served and failed to respond within 20 days. The Clerk enters the default as an administrative matter.
- Step 2: Default Final Judgment — The plaintiff then files a "Motion for Default Final Judgment" with the judge. If the damages can be calculated mathematically (like a specific dollar amount owed under a contract), the judge may enter judgment without a hearing. If the damages require proof (like personal injury claims), the judge holds a brief hearing where only the plaintiff presents evidence.
Setting Aside a Default
Under Florida Rule of Civil Procedure 1.540, a defendant can ask the court to "set aside" (vacate) the default if they can show: (1) excusable neglect (a legitimate reason they missed the deadline), (2) a meritorious defense (they actually have a valid defense to the claims), and (3) due diligence (they acted promptly after discovering the default). Courts strongly prefer to resolve disputes on the merits, so motions to set aside defaults are frequently granted if filed quickly.
Related Terms
- Civil Complaint — The lawsuit document that triggers the 20-day deadline
- Damages — The financial award entered in the default judgment
- Deposition — A discovery tool unavailable to a defaulted defendant
Barnes Walker Litigation
Barnes Walker's litigators aggressively pursue default judgments against unresponsive defendants in Florida real estate disputes and vigorously move to set aside improper defaults entered against our clients, ensuring every case is resolved on its merits. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC