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
Keywords: Lakeland Florida, motion to set aside default, default judgment Description: A motion to set aside default or default judgment is a legal procedure available in Lakeland, Florida, that allows a party to request the court to overturn a default judgment previously entered against them. Typically, a default judgment is entered when one party fails to respond to a lawsuit or fails to appear in court. In Lakeland, Florida, there are two main types of motions to set aside default or default judgment: 1. Motion to Set Aside Default: This motion is filed by a party who, for valid reasons, failed to respond to a lawsuit or failed to appear in court, resulting in a default judgment against them. The motion seeks to convince the court to set aside the default judgment and allow the party to defend their case. 2. Motion to Set Aside Default Judgment: This motion is filed when a default judgment has already been entered against a party due to their failure to respond or appear in court. The party must provide sufficient grounds to the court to justify setting aside the default judgment and reopening the case for further proceedings. When filing a motion to set aside default or default judgment in Lakeland, Florida, certain criteria and procedural requirements must be fulfilled. The party seeking to set aside a default must demonstrate: 1. Excusable Neglect: The party must prove that their failure to respond or appear in court was due to circumstances beyond their control, such as illness, accident, or unavoidable scheduling conflicts. They must establish a valid reason for the court to consider their motion. 2. Meritorious Defense: The party must present evidence or arguments showing that they have a valid defense or counterclaim against the original lawsuit. They need to show that if the default judgment is set aside, they have a genuine chance of winning the case. 3. Timeliness: The motion to set aside default or default judgment must be filed within a reasonable time after the default judgment was entered. In Lakeland, Florida, the party usually has 30 days from the date of the default judgment to file this motion, but specific court rules and deadlines should always be consulted. Motions to set aside default or default judgment in Lakeland, Florida, are complex legal actions requiring careful preparation and attention to detail. It is advisable to consult with an experienced attorney who is well-versed in Florida civil procedure and can guide you through the process effectively.Keywords: Lakeland Florida, motion to set aside default, default judgment Description: A motion to set aside default or default judgment is a legal procedure available in Lakeland, Florida, that allows a party to request the court to overturn a default judgment previously entered against them. Typically, a default judgment is entered when one party fails to respond to a lawsuit or fails to appear in court. In Lakeland, Florida, there are two main types of motions to set aside default or default judgment: 1. Motion to Set Aside Default: This motion is filed by a party who, for valid reasons, failed to respond to a lawsuit or failed to appear in court, resulting in a default judgment against them. The motion seeks to convince the court to set aside the default judgment and allow the party to defend their case. 2. Motion to Set Aside Default Judgment: This motion is filed when a default judgment has already been entered against a party due to their failure to respond or appear in court. The party must provide sufficient grounds to the court to justify setting aside the default judgment and reopening the case for further proceedings. When filing a motion to set aside default or default judgment in Lakeland, Florida, certain criteria and procedural requirements must be fulfilled. The party seeking to set aside a default must demonstrate: 1. Excusable Neglect: The party must prove that their failure to respond or appear in court was due to circumstances beyond their control, such as illness, accident, or unavoidable scheduling conflicts. They must establish a valid reason for the court to consider their motion. 2. Meritorious Defense: The party must present evidence or arguments showing that they have a valid defense or counterclaim against the original lawsuit. They need to show that if the default judgment is set aside, they have a genuine chance of winning the case. 3. Timeliness: The motion to set aside default or default judgment must be filed within a reasonable time after the default judgment was entered. In Lakeland, Florida, the party usually has 30 days from the date of the default judgment to file this motion, but specific court rules and deadlines should always be consulted. Motions to set aside default or default judgment in Lakeland, Florida, are complex legal actions requiring careful preparation and attention to detail. It is advisable to consult with an experienced attorney who is well-versed in Florida civil procedure and can guide you through the process effectively.
