In Florida, a default judgment is a legal order entered when a defendant is served with a lawsuit but does not respond in time. A plaintiff can ask the judge to enter the default judgment in their favor without a hearing and without any further notice to you other than the initial service.
File a Small Claims Case You, the plaintiff, must file a “Statement of Claim” form, available at your Clerk's office. This must be fully completed and signed to receive a pre-trial conference date. If your claim is based upon written documentation, attach a copy of the contract to the Statement of Claim form.
After a judgment for possession is entered, your landlord must file a writ of restitution in order to evict you. Your landlord must wait 2 days after the judgment is entered to file the writ. The U.S. Marshals Service can schedule your eviction as soon as 3 days after your landlord files the writ.
After a judgment for possession is entered, your landlord must file a writ of restitution in order to evict you. Your landlord must wait 2 days after the judgment is entered to file the writ. The U.S. Marshals Service can schedule your eviction as soon as 3 days after your landlord files the writ.
Usually, you can only appeal the final judgment in your case. Final judgments usually end a case. In Landlord-Tenant cases, a final judgment usually decides whether the landlord has the right to evict the tenant.
Presently there is a Florida statute that limits judgment liens to 20 years,3 and there is a Florida statute that limits “actions” on certain judgments to 20 years and other judgments to five years. There is, however, no statute or court rule that places a time limit on the execution of judgments.
A person can avoid paying a civil judgment with their earnings if they qualify as the head of household. The Florida statute defines earnings as wages, salary, commission, or bonus. Other types of earnings for labor have been held to also qualify for the head of household exemption.
The Length of a Judgment A judgment is good, and can be enforced, for up to 20 years. That seems like a long time, and it is. A judgment is good for 10 years and Florida allows a creditor to “renew” a judgment before the expiration of the 10 years for an additional 10 years, thus giving a judgment almost unending life.
The judgment becomes a matter of public record, and is indexed with the clerk of the court. It shows up on your credit report as well as on any background checks. The judgment is considered a lien against your property, including any real estate that you have, in the state in which the judgment is filed.