Default Judgments in Florida

A default judgment is a court order entered against a defendant who fails to respond to a lawsuit within the deadline set by the Florida Rules of Civil Procedure. The plaintiff obtains a judgment without a trial, and the defendant permanently waives the right to contest both liability and, in many cases, the amount owed.

Default judgments carry the same legal force as judgments entered after a full trial. The creditor can use every available collection tool to enforce the judgment, including wage garnishment, bank account levies, and judgment liens on real property. The judgment remains enforceable for 20 years.

How a Default Judgment Happens

A Florida civil lawsuit begins when the plaintiff files a complaint and has the defendant served with a copy of the complaint and a summons. The summons states that the defendant must file a written response with the court within 20 days of service.

If the defendant does not file any paper with the court within that 20-day window, the plaintiff can ask the clerk to enter a “clerk’s default” under Florida Rule of Civil Procedure 1.500(a). The clerk’s default is not itself a judgment. It is a formal notation that the defendant failed to respond, and it removes the defendant’s right to participate in the case going forward.

After the clerk’s default is entered, the plaintiff moves for a final default judgment. For claims involving a specific dollar amount (known as “liquidated damages”), the court can enter the judgment based on the complaint and supporting affidavits alone, without a hearing. For claims involving subjective or uncertain damages (known as “unliquidated damages”), the court must hold a hearing or jury trial to determine the amount. A credit card lawsuit seeking a defined balance is typically treated as liquidated. A personal injury claim seeking pain and suffering damages is unliquidated.

The distinction matters because many defendants assume that a default judgment will reflect whatever amount the plaintiff requests. In liquidated damages cases, that assumption is largely correct. In unliquidated cases, the default establishes liability but the plaintiff still bears the burden of proving the amount of damages.

Clerk’s Default vs. Judicial Default

Florida Rule of Civil Procedure 1.500 recognizes two paths to default. A clerk’s default applies when the defendant has filed nothing at all. A judicial default applies when the defendant has filed something with the court, but the filing does not constitute a legally sufficient response. A defendant who files a letter to the judge rather than a formal Answer, for example, has filed a paper but has not “pleaded or otherwise defended” as required by the rules.

The procedural difference is significant. When a defendant has filed any paper in the case, the plaintiff must serve notice of the default application before the court can enter a default. When the defendant has filed nothing, no additional notice is required beyond the original summons.

A defendant retains the right to plead or otherwise defend at any time before default is actually entered. A defendant who files an Answer on day 21 has technically missed the deadline, but if the clerk has not yet entered the default, the late filing prevents default. Once the clerk or court enters the default, the window closes.

Setting Aside a Default Judgment

Florida Rule of Civil Procedure 1.540(b) provides limited grounds for setting aside a default judgment after it has been entered. The court may grant relief based on mistake, inadvertence, surprise, or excusable neglect. The defendant must file the motion within one year of the judgment and must demonstrate a meritorious defense to the underlying claim. Courts evaluate meritorious defense at a low threshold, but the defendant must show more than a bare denial of the allegations.

The one-year deadline does not apply when the judgment is void. A void judgment is one entered without proper jurisdiction over the defendant, most commonly because service of process was defective. If the defendant was never properly served with the lawsuit, the court lacked personal jurisdiction, and the resulting judgment is a nullity that can be challenged at any time. The distinction between a void and voidable judgment is critical. A judgment based on incorrect facts or inflated damages is voidable, not void, and remains subject to the one-year deadline.

Fraud, misrepresentation, or misconduct by the plaintiff is a separate ground for relief under Rule 1.540(b)(3). The defendant must show that the fraud actually prevented a fair adjudication and that the defendant could not have discovered the fraud earlier through reasonable diligence.

Setting aside a default judgment is difficult in practice. Florida courts have historically favored resolution on the merits, but the standard for relief is strict. Filing a motion does not automatically stay enforcement of the judgment while the motion is pending. A debtor who discovers a default judgment should consult with an attorney immediately rather than waiting, because the passage of time weakens virtually every available argument.

What a Default Judgment Means for the Debtor

Once a default judgment is entered, the creditor has the same enforcement powers as any other judgment creditor. The creditor can require the debtor to complete a fact information sheet disclosing all assets, income, and financial accounts. The creditor can garnish wages, levy bank accounts, record judgment liens against non-homestead real estate, and pursue execution against personal property.

The default judgment will include the principal amount claimed in the complaint plus pre-judgment interest, court costs, and often attorney’s fees if the underlying contract authorizes them. Post-judgment interest accrues automatically at the statutory rate from the date of judgment entry.

Many defendants who receive a default judgment assume they have no options remaining. While it is true that the judgment itself is extremely difficult to undo, the debtor’s ability to protect assets from collection is a separate question. Florida law provides significant exemptions from judgment collection. Homestead property, head of household earnings, retirement accounts, and assets held as tenants by the entireties are among the categories that a judgment creditor cannot reach regardless of the type of judgment.

A debtor who learns of a default judgment should evaluate their exemption posture rather than defaulting a second time by ignoring the collection process.

Avoiding a Default Judgment

The only reliable way to prevent a default judgment is to file a written response with the court within 20 days of being served. The response does not need to be a full legal brief. A simple Answer denying the allegations preserves the defendant’s right to participate in the case and prevents the entry of a clerk’s default.

Defendants who are served with a lawsuit on a time-barred debt have a particularly strong reason to respond. The statute of limitations is an affirmative defense that the court will not raise on its own. If the defendant fails to respond, the court will enter a default judgment even if the underlying debt is years past the limitations period. That time-barred debt then converts into a judgment enforceable for 20 years.

Defendants who cannot afford an attorney should still file a pro se Answer rather than ignoring the lawsuit. The consequences of a default judgment are severe and long-lasting, and the cost of filing a written response is minimal compared to the cost of two decades of judgment enforcement.