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To vacate a Default, an individual must meet all elements of a 3 part test. The 3 elements include: Excusable Neglect: An individual does not respond due to a misunderstanding, clerical error, or human error. Meritorious Defense: The Individual must attach an Answer and Affirmative Defenses to their Motion to Vacate.
You can ask to cancel, or ?set aside? a default judgment. You have to have a good reason for not responding in 30 days. If the judgment is canceled, you'll get a chance to answer.
A common summary of the rules for setting aside (excusing) a default is frequently quoted by Florida appellate courts: A party attempting to set aside a clerk's default must demonstrate excusable neglect, a meritorious defense, and due diligence in order for the trial court to vacate the default.
A motion for default in a Florida divorce is a filing that alleges the respondent has failed to file a response (papers). An answer to a dissolution of marriage pleading confirms the facts or requests made in the petition, or contests them by denial.
A common summary of the rules for setting aside (excusing) a default is frequently quoted by Florida appellate courts: A party attempting to set aside a clerk's default must demonstrate excusable neglect, a meritorious defense, and due diligence in order for the trial court to vacate the default.