A Florida Motion For Default is a type of legal action taken in the state of Florida to resolve a dispute between parties when one party has not responded to the other party’s claim. The motion is filed when the defendant in a civil case has failed to respond to the plaintiff’s complaint. If the motion is granted, the defendant can be ordered to pay damages, provide an injunction, or take other action. The motion must be accompanied by an affidavit of non-response and proof of service. There are two types of Florida Motion For Default: a Motion For Default Final Judgment and a Motion For Default Adjudication. A Motion For Default Final Judgment is used when a defendant has failed to respond to a claim and a monetary judgment is sought. A Motion For Default Adjudication is used when a defendant has failed to respond to a claim and an injunction or other non-monetary relief is sought.
Florida Motion For Default
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FAQ
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. A divorce by default with agreement means you don't have to respond, but you and your spouse do need a written agreement.
When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time.
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.
In Florida, a default judgment can be 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.
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.
Entry of a defendant's default simply means that the defendant is thereafter barred from defending against the lawsuit, whereas the default judgment is the court's pronouncement of what the plaintiff is entitled to against the defendant (such as money damages, declaratory relief, an injunction, or otherwise).
(c) TIME TO RESPOND. A party may respond to a motion within fourteen days after service of the motion.
The default judgment allows the debt collector to garnish your wages or levy your bank accounts to collect their money back. Before the garnishment is enforced, you'll be given some time to respond to the judgment by either accepting or objecting to it.