Motion of final Default Judgment defense in Florida

Not sure about your rights after a default has been entered? Let the law office of Brian Kowal P.A. help you file a motion to vacate the default

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.

  1. 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.
  2. 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:

  • Fraud
  • Mistake
  • 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:

  1. Excusable Neglect:  An individual did not respond due to a misunderstanding, clerical error, or human error.
  2. Meritorious Defense: The Individual must attach an Answer and Affirmative Defenses to their Motion.
  3. 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.