Florida motion set aside default sample 2025

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A common summary of the rules for setting aside (excusing) a default is frequently quoted by Florida appellate courts: A party attempting to set aside a clerks default must demonstrate excusable neglect, a meritorious defense, and due diligence in order for the trial court to vacate the default.
If the judge grants your motion and sets aside the default judgment, any money taken from you should be returned (unless the judge orders something different). The case is not over though. Once the judgment is set aside, the case starts up again.
Under CCP 473(b), the court may set aside a default and default judgment if the defendant asking for the set aside presents enough evidence to the court to demonstrate that the default was entered by inadvertence, mistake, surprise, or excusable neglect.
Most Courts, including California, put strict time limits on when that motion may be filed (six months from entry of default in California though this time limit may be altered based on various factors) and the longer the period of time from entry of default, the harder it is to have the Court remove it.
When a court renders a decision of another court to be invalid, that verdict or decision is set aside; see also annul or vacate . The phrase is often used in the context of appeals , when an appellate court invalidates the judgment of a lower court. For example, in Eckenrode v.
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After a default judgment, the Plaintiff will try to collect the money you owe. The Plaintiff may be able to take money from your paycheck or bank account and put a lien on your property. If you dont have any assets to pay the debt, you can let the Plaintiff. They may give up or try to collect in the future.
If you dont pay a debt you owe, a creditor or debt collector can sue you. If they win the case theyll get a court judgment, which gives them access to serious debt collection methods like wage garnishment. In most states, judgments last for 510 years, but in some states the time frame is longer.

florida motion to set aside default