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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.
A party may plead or otherwise defend at any time before default is entered. If a party in default files any document after the default is entered, the clerk must notify the party of the entry of the default. The clerk must make an entry on the progress docket showing the notification. (d) Setting aside Default.
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).
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...
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.