A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Motion to Set Aside Default or Default Judgment - Official, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. FL-12922-C
Motion To Set Aside Default Florida Sample With Notice
State:
Florida
Control #:
FL-12922-C
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Word;
PDF;
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How to fill out Florida Motion To Set Aside Default Or Default Judgment?
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FAQ
As a practical matter, the plaintiff should begin the final default judgment process immediately after entry of default. However, if the defaulted defendant has filed a motion to vacate the default, the court must dispose of that motion to vacate before entering a final default judgment (Off Lease Only LLC v.
Grounds for Vacating a Final Judgment Mistakes, inadvertence, surprise, or excusable neglect; Newly discovered evidence that could not have been reasonably discovered previously; Fraud, misrepresentation, or other misconduct of an adverse party; The judgment is void; or.
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.
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.
The Florida Rules of Civil Procedure allow a plaintiff to move for a default judgment when a defendant fails to file or serve any paper by the deadline. Filing a paper means submitting it to the court's clerk.