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FORM 76 - MOTION FOR CLERKS DEFAULT RESIDENTIAL EVICTION

FORM 76 - MOTION FOR CLERKS DEFAULT RESIDENTIAL EVICTION 2025

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The document outlines the procedures for obtaining a clerk's default in residential eviction cases in Florida. It specifies that tenants have five days to respond to eviction complaints and 20 days for complaints regarding back rent and damages. If they fail to respond, landlords can file a Motion for Clerk’s Default using Form 76 for eviction and Form 77 for damages, leading to a default judgment.

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What is a clerks default in Florida?

The clerk default is simple. If you were sued and you failed to file or serve any document in response, the courts clerk may enter a default. A judges default occurs when a filed paper is deemed insufficient or inappropriate ing to the Florida Rules of Civil Procedure, the Florida Statutes, or a court order.

What is a motion for default in Florida?

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).

What happens after a default judgement is issued in Florida eviction?

After a judgment for possession is entered, your landlord must file a writ of restitution in order to evict you. Your landlord must wait 2 days after the judgment is entered to file the writ. The U.S. Marshals Service can schedule your eviction as soon as 3 days after your landlord files the writ.

What is a motion for clerks default Florida bar Form 76 or Form 77?

Form 76 should be used to obtain a Clerks default when the Tenant has failed to respond to an eviction complaint and Form 77 should be used to obtain a Clerks default when the Tenant has failed to respond to a complaint for back rent and damages.

How long does it take for the court to close an eviction case in Florida?

How long does the eviction process take in Florida? On average, it takes 20 - 37 days to evict a resident of your rental property in Florida. If the eviction is not contested and the process runs smoothly, it could take as little as 7 - 15 days.

What does it mean when a motion is defaulted?

If a motion for default is granted, it means that the court has determined that the opposing party has failed to respond or take action within the required time frame.

What happens after a motion for default is filed in Florida eviction?

A motion for default judgment allows you to ask the court to automatically decide in your favor due to the other partys lack of response or action.

FORM 76 - MOTION FOR CLERKS DEFAULT RESIDENTIAL EVICTION 2025

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