Get Motion For Default Final Judgment - Damages - Pasco County Clerk

Ordinarily, if an Answer or responsive motion is filed before the entry of a default, the default must fail. Hence, the time in which such a pleading or motion is required is at least 20 days and no more than the time that it takes for a plaintiff to obtain and file a default.

A final judgment issued by a court establishes that the court has determined one party to be the winner and usually entitled to some amount of money. While the judgment itself does not require payment of money it allows the holder of the judgment to use the court's power to get money or property.

Once the Clerk of the Court enters the Default, the Judge will then sign the Final Judgment for Eviction, which will authorize the Clerk to issue the writ of possession to the Sheriff.

The Length of a Judgment A judgment is good for 10 years and Florida allows a creditor to “renew” a judgment before the expiration of the 10 years for an additional 10 years, thus giving a judgment almost unending life.

Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law.” A judicial default is issued by a judge, and a clerk's default is issued by a clerk of the court.

Form 76 should be used to obtain a Clerk's default when the Tenant has failed to respond to an eviction complaint and Form 77 should be used to obtain a Clerk's default when the Tenant has failed to respond to a complaint for back rent and damages.

Generally, a default allows you to obtain an earlier final hearing to finish your case. Once the default is signed by the clerk, you can request a trial or final hearing in your case. To obtain a default, you will need to complete Motion for Default, Florida Supreme Court Approved Family Law Form 12.922(a).

In Florida, a default judgment can be entered when a defendant is served with a lawsuit but does not respond in time. A plaintiff can ask the judge to enter the default judgment in their favor without a hearing and without any further notice to you other than the initial service.