Florida Motion For Entry of Default By Clerk is a document filed in a Florida Civil Court to request the clerk of the court to enter a default judgment against a defendant who has failed to respond or appear in a timely manner to a civil lawsuit. This document is typically filed after a plaintiff has filed a formal complaint against the defendant and has attempted to serve the defendant with notice of the complaint. The Motion for Entry of Default by Clerk is the first step in the process of gaining a default judgment against the defendant. The motion must include the title of the case, the name and address of the plaintiff, the name and address of the defendant, and a statement that the defendant has failed to respond or appear in a timely manner to the complaint. There are two types of Florida Motion For Entry of Default By Clerk: Motion for Entry of Default and Motion for Default Judgment. A Motion for Entry of Default is filed when the defendant has failed to respond or appear in a timely manner to a civil lawsuit. The Motion for Default Judgment is filed when the court has entered a default against the defendant and the plaintiff are requesting a judgment based on the facts presented in the complaint.
Florida Motion For Entry of Default By Clerk
Description Motion For Clerk's Default Florida Form
How to fill out Florida Motion For Entry Of Default By Clerk?
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FAQ
A Clerk's default alone is not a judgment, but just represents that the opposing party has failed to answer within the proscribed time. The Plaintiff will need to get a court default or a final default judgment (usually achieved at the same time) to recover money or other remedies from the defaulting party.
This motion for default final judgment may be filed by a landlord/plaintiff in a Florida eviction action to request that final judgment be entered against the defendant/tenant following its failure to respond to the plaintiff's eviction complaint within the requisite time-frame.
If you don't file a response to divorce papers, your spouse can request a default. This means asking the court to decide the case without your input. In a default divorce, the court makes the final decisions based on the information from your spouse, and what the law says, without hearing your side.
(c) TIME TO RESPOND. A party may respond to a motion within fourteen days after service of the motion.
To do this, you must contact the clerk's office, family law intake staff, or judicial assistant to schedule a hearing and file a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, with the clerk.
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).