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Enforcing a judgment against a defendant who does not pay If a defendant does not pay a judgment, the plaintiff can try to enforce the judgment by filing another lawsuit. For example, if the defendant owns several cars, the plaintiff can sue to have the car transferred to the plaintiff.
What is a default judgment? A \u201cdefault judgment\u201d is a court order made without the respondent because: the respondent was served and did not file an answer by the deadline, or. the respondent filed an answer and was given notice of a hearing but did not show up for the hearing.
After filing a motion for default, you will get a hearing date and time from the court clerk. Although it is not a guarantee that the motion will be accepted, you at least will have a chance. At the hearing, the judge will decide to grant or deny the motion.
After filing a motion for default, you will get a hearing date and time from the court clerk. Although it is not a guarantee that the motion will be accepted, you at least will have a chance. At the hearing, the judge will decide to grant or deny the motion.
In almost every case after a default is entered, the plaintiff will submit affidavits and a proposed judgment to the court and the court will then enter the judgment without the requirement that any hearings be held. Some times this is NOT the procedure that should have been followed.
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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.
If the defendant refuses or fails to answer within the prescribed period, the other party will most likely file a motion to declare the defendant in default. If this motion is granted by the court, the defendant will lose the chance to answer or participate in any stage of the case.
In almost every case after a default is entered, the plaintiff will submit affidavits and a proposed judgment to the court and the court will then enter the judgment without the requirement that any hearings be held. Some times this is NOT the procedure that should have been followed.
An entry of default is the first step to obtaining a default judgment against a party, and allows you to proceed in the action without further notice or input from the opposing party. An entry of default can come in two forms, an entry by the clerk or an entry by the judge.
In almost every case after a default is entered, the plaintiff will submit affidavits and a proposed judgment to the court and the court will then enter the judgment without the requirement that any hearings be held.

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