A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Motion to Set Aside Default or Default Judgment - Official, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. FL-12922-C
Jacksonville Florida Motion to Set Aside Default or Default Judgment
State:
Florida
City:
Jacksonville
Control #:
FL-12922-C
Format:
Word;
PDF;
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How to fill out Florida Motion To Set Aside Default Or Default Judgment?
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FAQ
You file a motion by completing the form and filing it with the same court that signed the default entry or default judgment. There is a $20 motion fee for filing a motion to set aside default.
To ask a court to set aside (cancel) a court order or judgment, you have to file a ?request for order to set aside,? sometimes called a ?motion to set aside? or ?motion to vacate.? The terms ?set aside? or ?vacate? a court order basically mean to ?cancel? or undo that order to start over on a particular issue.
This provides that the court may set aside or vary a judgment or order after judgment is entered if the judgment or order has been given or made in the absence of a party, whether or not the absent party had notice of the relevant hearing or of the application for the judgment or order.
When should these forms be used? If the other party has failed to file or serve any documents within 20 days after the date of service of your petition, you may ask the clerk of the circuit court to enter a default against him or her by filling out this form and filing it with the court.
The criteria for this are as follows: The defendant has a real prospect of successfully defending the claim, or. It appears to the court that there is some other good reason why the judgment should be set aside or varied; or the defendant should be allowed to defend the claim.
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 default judgment is a ruling granted when one party in a lawsuit fails to perform an action ordered by a court/judge as instructed. When that failure is essential to the proper presentation of the legal dispute in question, the judge will settle the dispute in favor of the cooperating party.
To ask the judge to set aside (cancel) the default judgment or other order against you, you will have to ask for a court hearing. To ask for a court hearing, complete paperwork and file specific forms with the court (see below for how to complete your request).
An entry of default is the first step to obtaining a default judgment against a party, and allows you to proceed in the action without further notice or input from the opposing party. An entry of default can come in two forms, an entry by the clerk or an entry by the judge.
When a party is defaulted by the clerk or the court, that party cannot defend itself in the case until the default is set aside by the court. This means that unless the default is set aside, a judgment will likely be entered against the party that had a default entered against it.