Get FL 12.922(c) 2000

A motion for default is a legal term of art. A motion for default judgment is typically filed when a defendant doesn't respond to a lawsuit within the time allocated by law. ... The party who sued you can file a motion asking the court to make a record of this.

A motion for default in a Florida divorce case allows the person who filed the divorce petition, the "petitioner," to ask the court to grant her petition when the other spouse, or respondent, has failed to file an answer in court.

When a party fails to respond to a divorce petition within the time proscribed by law, the party is "in default." This can also happen if a party fails to show up for a court hearing. The other kind of default is a "default judgment" -- generally, the last step in finalizing an uncontested divorce.

A motion for default is a legal term of art. A motion for default judgment is typically filed when a defendant doesn't respond to a lawsuit within the time allocated by law. ... If you don't respond to a lawsuit by filing an answer with the court, you're in default.

Divorce by Default This can take anywhere from one to three months.

A default hearing is when you come to court to tell the judge about your case and ask the judge for default judgment. When your case is called, the judge will first ask that you be sworn to tell the truth. ... The judge will make sure that the papers in the court file show that service of process was complete.

A default judgment is a money judgment awarded against you simply because you failed to appear in the case and defend yourself. If the court has entered a default judgment against you, the plaintiff can collect it like any other judgment. ... If the judge grants your motion, the case starts back up again.

To get a judgment against you, a creditor or collector has to take you to court. If you don't respond to a summons, or if you lose the case, the court will issue a judgment in favor of the creditor or collection agency. ... Once that happens, the judgment is public record and will affect your credit reports.

When a judgment is entered due to default and it is not reversed on request of the defendant, it is considered a final judgment. In many circumstances, a default judgment is not automatically entered, though the plaintiff may file a motion for default judgment.

Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. 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. The failure to take action is the default.

Consumers have choices when dealing with a court judgment. Even after a judgment is entered against you, it is still possible to settle a debt for less than the court-approved amount. ... However, you may be able to negotiate a discount to the debt, in return for a lump sum payment.

Default Basics. A default occurs in litigation when a party fails either to respond to a lawsuit, and less often can be entered against a party who fails to comply with a court order. In Florida, a party in most cases has 20 days to answer a lawsuit.

The danger of allowing a default judgment against you is once this occurs the debt buyer can garnish your wages and your bank accounts. ... If you don't submit a written answer to the lawsuit the court can enter a default judgment giving the debt buyer everything they are asking for.

You cannot appeal this kind of judgment and have a new trial until you vacate the default judgment , that is, until you have the judgment removed or erased. To vacate a default judgment, do the following: 1.

It depends but generally, no, a judgement should not be entered unless you have been served. After filing, a petitioner must also file a proof of service showing that you were properly served with the court. If you were not properly served, the judgement entered against you can be overturned.