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7.170. Rule 7.170 - DEFAULT; JUDGMENT (a)Default. If the defendant does not appear at the scheduled time, the plaintiff is entitled to a default to be entered by either the judge or clerk. Rule 7.170 - DEFAULT; JUDGMENT, Fla. Sm. Clm. R. 7.170 - Casetext casetext.com ? rule ? florida-small-claims-rules ? r... casetext.com ? rule ? florida-small-claims-rules ? r...
Overall, default will occur in cases where a party has failed to respond to an initial complaint, petition, or court order. Florida provides, that a Defendant has 20 days after receiving service of a complaint to file an answer, or 60 days if service has been waived.
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.
The process for setting aside default judgment You will need to make an application to the court regardless of whether consent is obtained, but seeking consent may mean that the claimant does not oppose the application, potentially reducing the costs of the application.
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.