In Florida, a default can be entered if an individual fails to respond to a Lawsuit. This can have horrible consequences. Nevertheless, you may be able to vacate the Default. Contact the Law Office of Brian P. Kowal, PA today at (954) 990-7552 to learn about your options.
- Failing to respond to a lawsuit: After a person has been served, they have 20 days to respond. If they do not respond within 20 days, a default will be entered.
- Failing to appear at a Pretrial Conference: If a person fails to appear at the pretrial conference, the Judge will enter a default.
A Motion for Final Default Judgment can be filed if a default has been entered. If the Court grants the Motion, a Final Judgment will be entered. However, Florida allows an individual to file a Motion to Vacate Default. Rule 1.540(b) of the Florida Rules of Civil Procedure allows a Default to be set aside for several reasons. These include:
- Newly discovered evidence
- Excusable Neglect
- Default is void.
To vacate a Default, an individual must meet all elements of the 3 part test. The 3 elements include:
- Excusable Neglect: An individual did not respond due to a misunderstanding, clerical error, or human error.
- Meritorious Defense: The Individual must attach an Answer and Affirmative Defenses to their Motion.
- Due Diligence: The Individual can file a Motion to Vacate after learning that a default has been entered.
In Florida, failing to respond to a lawsuit can result in a default against an Individual. As a result, On the contrary, Florida does allow the opportunity to file a Motion to Vacate the Default. If you are unsure about your rights after a default has been entered, contact the Law Office of Brian P. Kowal, PA today at (954) 990-7552.