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These are the steps to ask for a default judgment: Step 1 - Serve the other party with the complaint and summons. ... Step 2 \u2013 Wait for the other party to respond. ... Step 3 - File the required forms with the court to ask for a default judgment. ... Step 4 \u2013 Notify the defaulted party of the judgment.
What is a set aside application? A defendant who has a default judgment against them can apply to the court that issued the judgment to set it aside. If the court sets aside the judgment, it is as though the order was never made. The court still needs to deal with the claim.
The motion must include an affidavit of the party in default (i) stating facts showing that the party in default has a good defense to the allegations in the pleading, and (ii) showing \u201cgood cause\u201d as to why the party in default failed to appear in court or to file an answer to the pleading.
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 clerk's default must demonstrate excusable neglect, a meritorious defense, and due diligence in order for the trial court to vacate the default.
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