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Icon-UpArrow Motion for Clerk Default

How-To: Write a Motion for Clerk Default


Background: You sued someone for affirmative relief
Problem: That person has failed to respond to your complaint
Solution: You ask the clerk to enter default against the defendant

I. Definitions

Default
"failure to discharge a duty... in the context of judicial proceedings: failure of one of the parties to take procedural steps to prevent entry of a judgment against him (called a default judgment)." Default Judgment
"1. a judgment against defendant who has failed to respond to plaintiff's action or to appear at the trial or hearing."

"2. judgment given without the defendant being heard in his own defense."
Pleadings
"statements, in logical and legal form, of the facts that constitute plaintiff's cause of action and defendant's ground of defense. Pleadings are other allegations by the parties affirming or denying certain matters of fact, or other statements in support or derogation of certain principles of law, which are intended to describe to the court or jury the real matter in dispute." Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; © 2016

II. Legal Citations

Rule 1.110(a)(1) Fla. R. Civ. P. | Pleadings and Motions - Pleadings
(a) Pleadings.
There must be a complaint or, when so designated by a statute or rule, a petition, and an answer to it... No other pleadings will be allowed.

Rule 1.140(a)(1) Fla. R. Civ. P. | Defenses - When Presented
Unless a different time is prescribed in a statute of Florida, a defendant must serve an answer within 20 days after service of original process and the initial pleading on the defendant, or not later than the date fixed in a notice by publication. A party served with a pleading stating a crossclaim against that party must serve an answer to it within 20 days after service on that party. The plaintiff must serve an answer to a counterclaim within 20 days after service of the counterclaim...
Rule 1.500 Fla. R. Civ. P. | Defaults ands Final Judgments Thereon
(a) By the Clerk.
When a party against whom affirmative relief is sought has failed to file or serve any document in the action, the party seeking relief may have the clerk enter a default against the party failing to serve or file such document.

III. Samples

# PDF Comments
1logoAdobe± TBD case. Pro Se Filing | Duval | 2021 | Defendant failed to appear.iconPriceTag
2logoAdobe✓ Duval | 1980 | Commissioner's Filing. Wife vs Husband. Failure to Answer.iconPriceTag
3logoAdobe✓ Duval | 1982 | Attorney Filing. Wife vs Husband. Failure to Answer.iconPriceTag
4logoAdobe✓ Duval | 2007 | Attorney Filing. Person vs Corporation. Failure to Answer.iconPriceTag
5logoAdobe✓ Duval | 2009 | Pro Se Filing. Person vs Corporation. Failure to Answer.iconPriceTag
6logoAdobe✓ Duval | 2010 | Attorney Filing. Corporation vs Person. Failure to Answer.iconPriceTag
7logoAdobe✓ Duval | 2011 | Attorney Filing. Landlord vs Tenant. Failure to Answer.iconPriceTag
8logoAdobe✓ Duval | 2011 | Attorney Filing. Person vs Corporation. Defendant Moved to Dismiss.iconPriceTag
9logoAdobe✓ Duval | 2011 | Attorney Filing. Corporation vs Person. Failure to Answer.iconPriceTag
10logoAdobe✓ Duval | 2011 | Attorney Filing. Person vs Corporation. Defendant Moved to Dismiss.iconPriceTag
11logoAdobe✓ Duval | 2012 | Attorney Filing. Person vs Person. Failure to Answer.iconPriceTag
12logoAdobe✓ Duval | 2012 | Attorney Filing. State vs Property Owner. Probable Cause, Service by Publication.iconPriceTag
13logoAdobe✓ Duval | 2012 | Attorney Filing. Corporation vs Person. Failure to Answer.iconPriceTag
14logoAdobe✓ Duval | 2012 | Attorney Filing. Corp. vs Person. Failure to Answer. Proposed Entry Attached.iconPriceTag
15logoAdobe✓ Duval | 2012 | Attorney Filing. Corporation vs Person. Failure to Answer. Pretrial Conference.iconPriceTag
16logoAdobe✓ Duval | 2019 | Attorney Filing. State vs Property Owner. Probable Cause, Service by Publication.iconPriceTag
17logoAdobe✓ Duval | 2019 | Attorney Filing. State vs Property Owner. Probable Cause. Proposed Entry Attached.iconPriceTag
18logoAdobe✓ Duval | 2020 | Attorney Filing. Person vs Corporation. Failure to Answer. Proposed Entry AttachediconPriceTag

IV. Templates

# Word Comments
1Duval Version | Replace all placeholder tags (eg "[plfName]" becomes "John Doe").iconPriceTag

V. Application

VI. Quick Commentary

VII. Additional Notes

VIII. Bibliography

IX. Conclusion

If your civil opponent fails to file anything in Court then ask the Clerk to enter a Default as soon as the 20-day window closes.

...POINTS & THINGS...

Congratulations! You're now booked up on how to write a Motion for Default!

Please get the justice you deserve.

Sincerely,



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