Motion for Default Judgment
How-To: Write a Motion for Default Judgment
| Background: | You sued someone for affirmative relief |
| Problem: | That person has failed to respond to your complaint |
| Solution: | You ask the Court to enter judgment in your favor |
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."
II. Legal Citations
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.
(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 document in the action, that party must be served with notice of the application for default.
(e) Final Judgment.
Final judgments after default may be entered by the court at any time... 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
must accord a right of trial by jury to the parties when required by the Constitution or any statute.
III. Samples
| # | Comments | |
|---|---|---|
| 1 |  | ± TBD case. Pro Se Filing | Duval | §1983 Case | Failure to Appear (AG tried to rescue, though) |
| 2 | | - no ruling | 2010 | Attorney Filing | Discrimination Case; Motion to Sever; Withdraw Counsel |
| 3 | | ✓ Partially Granted | 2010 | Attorney Filing | Eviction Case; No Exceptions; Attached Default |
| 4 | | ✓ Partially Granted | 2011 | Attorney Filing | Eviction Case; Many Citations; Summary Judgment Stated |
| 5 | | - no ruling | 2012 | Attorney Filing | Clerk vacated Default; No responsive pleading |
| 6 | | ✓ Granted | 2012 | Attorney Filing | Mortgage Case; Many Citations |
| 7 | | ✓ Granted | 2014 | Attorney Filing | Writ of Garnishment |
| 8 | | x Denied | 2014 | Pro Se Filing | Qui Tam Case; Corporation; Constitution Cited |
| 9 | | ✓ Granted | 2016 | Attorney Filing | Foreclosure Case; Demand for Payment |
| 10 | | x Denied | 2017 | Attorney Filing | Discovery Problems; Judicial Notice; Sanctions; |
| 11 | | ✓ Granted | 2017 | Attorney Filing | Declaratory Judgment; §86.011 FS; Loan |
| 12 | | - no ruling | 2017 | Pro Se Filing | Cited entry of default; $119k in calculated damages; |
| 13 | | ✓ Granted | 2017 | Attorney Filing | Declaratory Judgment; §86.011 FS; Loan |
| 14 | | ✓ Granted | 2018 | Attorney Filing | Writ of Possession; Many Affidavits (Venue, etc.); Failure to Appear |
| 15 | | ✓ Granted | 2018 | Attorney Filing | Declaration Violation; Injunction; Defendant died beforehand |
| 16 | | ✓ Granted | 2018 | Attorney Filing | Property case; Cited Freeman v Freeman |
| 17 | | ✓ Granted | 2018 | Attorney Filing | Failure to Appear; Affidavits; Requested hearing on damages |
| 18 | | - no ruling | 2019 | Attorney Filing | Dual Request (Default and Default Judgment) |
| 19 | | ✓ Granted | 2019 | Proposed Order only (titled "Final Judgment") |
| 20 | | ✓ Granted | 2019 | Attorney Filing | Writ of Possession |
| 21 | | ✓ Granted | 2019 | Attorney Filing | Unlawful Detainer |
| 22 | | ✓ Granted | 2019 | Pro Se Filing | Court-Issued Form |
| 23 | | ✓ Granted | 2019 | Pro Se Filing | Prisoner; Willful disregard; Discovery; Many citations; Showed Damages; Attached Default; |
| 24 | | ✓ Granted | 2019 | Attorney Filing | Mentioned Default Entry |
| 25 | | ✓ Granted | 2019 | Attorney Filing | Included Summary Judgment; Nice Document; Liquidated vs Unliquidated Damages |
| 26 | | ✓ Granted | 2019 | Attorney Filing | Dual Request (Default and Default Judgment); Attached Proposed Order(s) |
| 27 | | ✓ Granted | 2019 | Attorney Filing | Nice Document; Calculated Damages |
| 28 | | - no ruling | 2019 | Attorney Filing | Defendant asked for an extension, but still failed to respond |
| 29 | | ✓ Granted | 2019 | Attorney Filing | Commercial Eviction; incomplete/not proofread |
| 30 | | ✓ Granted | 2019 | Attorney Filing | Failure to appear |
| 31 | | ✓ Granted | 2019 | Attorney Filing | Fraud case; Motor vehicle; Long-winded; Failure to appear |
| 32 | | - no ruling | 2019 | Pro Se Filing | Standard Form; Failure to appear; Calculated Damages (133k) |
| 33 | | x Denied | 2019 | Attorney Filing | Declaratory Action; Failure to appear |
| 34 | | ± pending | 2019 | Pro Se Filing | Non-Lawyer Representative; |
| 35 | | ✓ Granted | 2019 | Attorney Filing | Eviction Case; Failure to Appear; |
| 36 | | ✓ Granted | 2020 | Attorney Filing | Car Crash; Requested hearing on damages |
| 37 | | ✓ Granted | 2020 | Attorney Filing | Failure to appear |
| 38 | | ✓ Granted | 2020 | Attorney Filing | Attached Proposed Order |
| 39 | | ✓ Granted | 2020 | Attorney Filing | Unlawful Detainer; Quitclaim Deed |
| 40 | | x Denied | 2020 | Attorney Filing | Defendant Moved to Strike (denied); Failed to answer complaint |
IV. Templates
| # | Word | Comments |
|---|---|---|
| 1 |  | USFLMD Version | Replace all placeholder tags (eg "[plfName]" becomes "John Doe"). |
V. Quick Commentary
- Important Note: Notify your civil opponent of the Default proceedings if he/she contacted you prior to entry of default. Otherwise, an appellate court may overrule the Default Judgment.
"A paper served prior to the entry of default triggers the requirement that the party against whom a default is sought be served with notice of the application. In the case under consideration, the letter confirming the bank's agreement to an extension of time constituted a paper served within the meaning of rule 1.500(b). Zettler v. Ehrlich, 384 So.2d 928 (Fla. 3d DCA 1980) (Schwartz, J., specially concurring). See also, Roland v. W.L. Motor Lines, Inc., 32 N.C. App. 288, 231 S.E.2d 685 (1977). Any paper served prior to the entry of a default requires the furnishing of notice."
- see Reicheinbach v Southeast, 462 So. 2d 611 (Fla. 3d DCA 1985)
- Purpose: To recover damages for the plaintiff due to the defendant's forfeited admission's of all material fact
"The true purpose of the entry of a default is to speed the cause thereby preventing a dilatory or procrastinating defendant from impeding the plaintiff in the establishment of his claim. It is not procedure intended to furnish an advantage to the plaintiff so that a defense may be defeated or a judgment reached without the difficulty that arises from a contest by the defendant.""
- see Coggin v Barfield, 8 So. 2d 9 (Fla. 1942)
- Hearing on Damages: If the relief you claimed for is not exact then request a trial/hearing on all uncalculated damages
“A default admits every cause of action that is sufficiently well-pled to properly invoke the jurisdiction of the court and to give due process notice to the party against whom relief is sought. A default also admits the plaintiff's entitlement to liquidated damages due under the pleaded cause of action, but not unliquidated damages."
"Damages are liquidated when the proper amount to be awarded can be determined with exactness from the cause of action as pleaded, i.e., from a pleaded agreement between the parties, by an arithmetical calculation or by application of definite rules of law. Since every negotiable instrument must be "an unconditional promise or order to pay a sum certain in money" ( see, e.g., §§ 673.104(1)(b) and 673.106, Fla. Stat. (1981)), actions for the sums directly due on negotiable instruments are, by definition, actions for liquidated damages."
"However, damages are not liquidated if the ascertainment of their exact sum requires the taking of testimony to ascertain facts upon which to base a value judgment... A defaulting party has a due process entitlement to notice and opportunity to be heard as to the presentation and evaluation of evidence necessary to a judicial determination of the amount of unliquidated damages."
- see Bowman v Kingsland, 432 So. 2d 660 (Fla. 5th DCA 1983)
- 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 Leave to Reply'
- Save the final version as a PDF file.
- File the final version in court
VI. Additional Notes
- Read this appellate decision that outlines the process of securing default and default judgment
VII. Conclusion
If your civil opponent has failed to appear and/or failed to answer your complaint then move the Court for Final Judgment After Default.
Please get the justice you deserve.
Sincerely,
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