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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I'm having a hard time finding case on default entered

Customer Question

I'm having a hard time finding case on default entered against the Defendant in civil case matters. Where the Defendant fails to file answer within the allot time that is required. In Florida
Submitted: 1 year ago.
Category: Legal
Expert: replied 1 year ago.

HI, I’m Scott – I’ll try and provide some helpful perspective.

Please keep in mind that I am licensed in California ONLY, and lawyers here cannot offer legal advice, rather only speak generally about the law.

If a complaint has been properly filed, and the defendant fails to file an answer by the deadline set in the state rules of civil procedure, the court may enter default judgment for plaintiff.

Procedures vary from court to court, jurisdiction to jurisdiction.

Court Clerks can be valuable resources for this routine procedural information.

In this case, it may be the court does not automatically enter a default judgment on its own initiative: It has the power to do so , but it may have the procedure to only respond to filings by parties.

The plaintiff should confirm with the court clerk the complaint was indeed filed properly, meeting all the requirements. If so, and the deadline for defendant to file an answer has passed, then plaintiff can file a motion for the court issue default judgment.

The state rules of civil procedure should be sufficient.

I hope this provides some perspective.