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
"2. judgment given without the defendant being heard in his own defense."
II. Legal Citations
III. Samples
# | Comments | ₧ | |
---|---|---|---|
1 | ± TBD case. Pro Se Filing | Duval | 2021 | Defendant failed to appear. | ||
2 | ✓ Duval | 1980 | Commissioner's Filing. Wife vs Husband. Failure to Answer. | ||
3 | ✓ Duval | 1982 | Attorney Filing. Wife vs Husband. Failure to Answer. | ||
4 | ✓ Duval | 2007 | Attorney Filing. Person vs Corporation. Failure to Answer. | ||
5 | ✓ Duval | 2009 | Pro Se Filing. Person vs Corporation. Failure to Answer. | ||
6 | ✓ Duval | 2010 | Attorney Filing. Corporation vs Person. Failure to Answer. | ||
7 | ✓ Duval | 2011 | Attorney Filing. Landlord vs Tenant. Failure to Answer. | ||
8 | ✓ Duval | 2011 | Attorney Filing. Person vs Corporation. Defendant Moved to Dismiss. | ||
9 | ✓ Duval | 2011 | Attorney Filing. Corporation vs Person. Failure to Answer. | ||
10 | ✓ Duval | 2011 | Attorney Filing. Person vs Corporation. Defendant Moved to Dismiss. | ||
11 | ✓ Duval | 2012 | Attorney Filing. Person vs Person. Failure to Answer. | ||
12 | ✓ Duval | 2012 | Attorney Filing. State vs Property Owner. Probable Cause, Service by Publication. | ||
13 | ✓ Duval | 2012 | Attorney Filing. Corporation vs Person. Failure to Answer. | ||
14 | ✓ Duval | 2012 | Attorney Filing. Corp. vs Person. Failure to Answer. Proposed Entry Attached. | ||
15 | ✓ Duval | 2012 | Attorney Filing. Corporation vs Person. Failure to Answer. Pretrial Conference. | ||
16 | ✓ Duval | 2019 | Attorney Filing. State vs Property Owner. Probable Cause, Service by Publication. | ||
17 | ✓ Duval | 2019 | Attorney Filing. State vs Property Owner. Probable Cause. Proposed Entry Attached. | ||
18 | ✓ Duval | 2020 | Attorney Filing. Person vs Corporation. Failure to Answer. Proposed Entry Attached |
IV. Templates
# | Link | Comments | ₧ |
---|---|---|---|
1 | Duval Version | Replace all placeholder tags (eg "[plfName]" becomes "John Doe"). |
V. Application
- Purpose: To Establish the Basis for Default Final Judgment
"We hold that the default for failure to plead, which formed the basis of the final judgment now under review..."
- Time Calculation: Be Very Mindful of the Calculation of Time
TBD's easy method for determining the Due Date for Default:- (a) Take note of the date your opponent was served
- (b) Add 21 days to that date
- (c) Determine if this new date is a business day
- If YES then this new date is the Due Date
- If NO then find the next business day.
- This next business day is the Due Date.
- see Rule 2.514(a) Fla. R. Jud. Admin.
VI. Quick Commentary
- Important Note #1: File this document ASAP (you should aim to have the Clerk enter default before your civil opponent tries to slip in an untimely filing)
"In this case, it is undisputed that the answer was filed before the order [of default] and therefore before the default was "entered."" "..." "For these reasons, the final judgment below must be reversed and the cause remanded, with directions to vacate the order of default, and for further proceedings not inconsistent herewith." - see Chester v Marchese, 383 So. 2d 734 (Fla. 3d DCA 1980)
- Background & Analysis:
- Defendant contacted Plaintiff/Court, but failed to file an answer
- Plaintiff moved for default
- Trial Court held a hearing on default (both parties attended)
- Trial Court signed the order of default
- Defendant slipped in its answer
- Trial Court entered its order of default
- Appellate Court vacated the order of default because it was "entered" after the answer
- see Rule 1.500(c) Fla. R. Civ. P.
- Please download as many sample documents as you'd like
- Contact TBD for more free samples
- Feel free to use the templates (see Part IV - above) to help draft your 'Motion for Default'
- Save the final version as a PDF file.
- File the final version in court
VII. Additional Notes
- Read this appellate decision that outlines the process of securing default and default judgment
VIII. Bibliography
IX. Conclusion
...POINTS & THINGS...
Please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com