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After a motion for default is filed it means you have a judgment entered against you. At this point, you must begin responding and attempt to have the court set it aside. This is truly your only hope to begin fighting the debt once again and to avoid wage garnishment.
Under Florida Rule of Civil Procedure 1.540, a person can seek relief from a default judgment for the following reasons: mistake, inadvertence, surprise, or excusable neglect. newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing.
After a motion for default is filed it means you have a judgment entered against you. At this point, you must begin responding and attempt to have the court set it aside. This is truly your only hope to begin fighting the debt once again and to avoid wage garnishment.
When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time.
Generally, a default allows you to obtain an earlier final hearing to finish your case. Once the default is signed by the clerk, you can request a trial or final hearing in your case. To obtain a default, you will need to complete Motion for Default, Florida Supreme Court Approved Family Law Form 12.922(a).
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Default judgments happen when you dont respond to a lawsuit often from a debt collector and a judge resolves the case without hearing your side. In effect, youre found guilty because you never entered a defense. Default judgments are sometimes called automatic judgments because of how fast they can happen.
To have a default vacated, the movant must demonstrate excusable neglect in failing to file a responsive pleading, due diligence upon learning of the entry of the default, and existence of a meritorious defense.
A judgment remains on your credit record for 5 years or until it is paid in full or a rescission is granted by the courts. Although not always the case, in general a consumer is listed as defaulting before a credit provider applies for a judgment.
Claimants can use Form N225, a request for judgment, to ask the court to set out repayments a defendant should make to them.
To do this, you must contact the clerks office, family law intake staff, or judicial assistant to schedule a hearing and file a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, with the clerk.

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