What is a motion for default judgment?
A motion for default judgment is a legal motion used in civil procedure in the state of Florida. A default judgment is a court order that is granted when the defendant does not actively take part in the lawsuit. The motion is normally filed by the plaintiff in the case when the defendant has failed to respond to the complaint or when they have failed to appear in court for a hearing. When a motion for default judgment is filed, the court will enter a default judgment in favor of the plaintiff, meaning that the defendant has failed to answer the complaint adequately and that the court has grown weary of waiting for their response. At this time, the plaintiff must provide sufficient evidence to the court and prove their case against the defendant. Once the court has determined that the plaintiff has proved their case, then the court will issue a default judgment. This ruling may include monetary damages, injunctions, or other forms of relief. In order to receive a default judgment, the plaintiff must also prove that they have made multiple attempts to serve the defendant with the complaint but the defendant has failed to answer or appear in court. The plaintiff must also show the court that the defendant has been properly notified of the lawsuit against them and that they have had enough time to respond or appear in court. If the defendant had a good reason for not responding or appearing in court, they may still be allowed to contest the default judgment. They must provide a valid excuse as to why they failed to respond or appear in court and the court will determine whether the excuse is sufficient for the case.
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