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Ray, Lawyer
Category: Legal
Satisfied Customers: 41020
Experience:  30 years in civil, probate, real estate, elder law
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I'm looking legal advise on case law on getting a Default

Customer Question

I'm looking legal advise on case law on getting a Default against a Defendant for not answering the complaint in the allotted time allowed under FL civil 20 days
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

Here are the Florida Rule of Procedure.

1.500 Defaults and Final Judgments Thereon

(a) By the Clerk. When a party against whom affirmative relief is sought has failed to file or serve any paper in the action, the party seeking relief may have the clerk enter a default against the party failing to serve or file such paper.

(b) By the Court. When a party against whom affirmative relief is sought has failed to plead or otherwise defend as provided by these rules or any applicable statute or any order of court, the court may enter a default against such party; provided that if such party has filed or served any paper in the action, that party shall be served with notice of the application for default.

(c) Right to Plead. A party may plead or otherwise defend at any time before default is entered. If a party in default files any paper after the default is entered, the clerk shall notify the party of the entry of the default. The clerk shall make an entry on the progress docket showing the notification.

(d) Setting aside Default. The court may set aside a default, and if a final judgment consequent thereon has been entered, the court may set it aside in accordance with rule 1.540(b).

(e) Final Judgment. Final judgments after default may be entered by the court at any time, but no judgment may be entered against an infant or incompetent person unless represented in the action by a general guardian, committee, conservator, or other representative who has appeared in it or unless the court has made an order under rule 1.210(b) providing that no representative is necessary for the infant or incompetent. If it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter to enable the court to enter judgment or to effectuate it, the court may receive affidavits, make references, or conduct hearings as it deems necessary and shall accord a right of trial by jury to the parties when required by the Constitution or any statute.

You should contact court clerk about setting to for hearing for default judgment.

Customer: replied 1 year ago.
Hi Mr. Ray the issue that I'm having isn't the civil rules, it's the Judge not enforcing them and I have this matter up on appeals.
Expert:  Ray replied 1 year ago.

Sample Motion for Default, you file this hen schedule it for hearing.

So did you file a motion for default here like this one.

Customer: replied 1 year ago.
Your right I've done that and to no prevail
Expert:  Ray replied 1 year ago.

You can write the judge here and ask for hearing on motion if it has not been scheduled.You have the right to do so.

Expert:  Ray replied 1 year ago.

You really cannot appeal it until it is granted or denied.

I am not able to do phone calls but will send you unlimited email offer.