Florida Sample Letter to Clerk for Filing Request for Default Judgment with Supporting Affidavit [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Recipient's Name] Clerk of the Court [County Court Name] [County Court Address] [City, State, ZIP Code] Re: Case No. [Insert Case Number] [Plaintiff's Name] vs. [Defendant's Name] Dear [Recipient's Name], I hope this letter finds you well. I am writing to file a request for default judgment in the above-mentioned case. I kindly request that you process this request in accordance with the relevant laws and regulations governing default judgments in the state of Florida. Please find enclosed the necessary documents supporting my request for default judgment: 1. Affidavit of Service: Attached to this letter, you will find a notarized Affidavit of Service certifying that the defendant was properly served with the summons and complaint in a manner consistent with the laws of Florida. 2. Affidavit in Support of Default Judgment: Additionally, I have included an Affidavit in Support of Default Judgment, outlining the facts of the case and providing evidence of the defendant's failure to respond or appear in court within the required time frame. This affidavit demonstrates that the defendant is in default as defined by Florida law. 3. Proof of Damages: Along with the affidavit, I have included supporting documentation to substantiate the damages claimed in the complaint. This may include invoices, receipts, photographs, or any other relevant evidence that showcases the extent of the damages incurred as a result of the defendant's actions. I kindly request that you review the enclosed documents thoroughly and expedite the processing of this default judgment request. As per Florida law, if the defendant fails to respond or appear within the specified time period, the court has the authority to enter a default judgment in my favor based on the evidence presented. Moreover, I affirm that the information contained within this request and supporting affidavit is accurate and complete to the best of my knowledge. Should you require any additional documents or have any further questions, please do not hesitate to contact me at the phone number or email address provided above. I appreciate your attention to this matter and your assistance in ensuring a timely resolution. I look forward to receiving confirmation of the acceptance of this request for default judgment. Thank you for your prompt attention. Sincerely, [Your Name]
Florida Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit
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How to fill out Florida Sample Letter To Clerk For Filing Request For Default Judgment With Supporting Affidavit?
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FAQ
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).
Form 76 should be used to obtain a Clerk's default when the Tenant has failed to respond to an eviction complaint and Form 77 should be used to obtain a Clerk's default when the Tenant has failed to respond to a complaint for back rent and damages.
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 demand for trial by jury may not be withdrawn without the consent of the parties.
Final judgments after default may be entered by the court at any time, but no judgment may be entered against a minor or incapacitated person unless represented in the action by a general guardian, guardian ad litem, attorney ad litem, committee, conservator, or other representative who has appeared in it or unless the ...
Every action of a civil nature shall be deemed commenced when the complaint or petition is filed except that ancillary proceedings shall be deemed commenced when the writ is issued or the pleading setting forth the claim of the party initiating the action is filed.
If a party deems any pleading or part thereof filed by another party to be a sham, that party may move to strike the pleading or part thereof before the cause is set for trial and the court shall hear the motion, taking evidence of the respective parties, and if the motion is sustained, the pleading to which the motion ...
Florida Rule of Civil Procedure 1.500 provides, in pertinent part: (a) By the Clerk. When a party against whom affirmative relief is sought has failed to file or serve any document in the action, the party seeking relief may have the clerk enter a default against the party failing to serve or file such document.
