How do I obtain a default judgment in a small claims court case?

In Florida, a default judgment can be obtained in a small claims court case if the defendant does not appear in court or file an answer to the complaint on the set court date. To obtain a default judgment, the plaintiff must petition the court with an affidavit. This affidavit should include details such as the date of service of the complaint, the method of service, and the name and address of the defendant. The plaintiff must then file all necessary documents with the small claims court and pay the related filing fees. Once all documents are filed, the court may issue a notice of default to the defendant informing them of the plaintiffs’ motion and instructing them to appear at a hearing or the court may offer the plaintiff a default judgment. If a hearing is scheduled, the defendant has the chance to explain why they failed to appear or file an answer. If the court finds that the defendants’ non-appearance is justified, the judge could deny the motion and require the plaintiff to serve the defendant again or voluntarily dismiss the case. If no hearing is held and the plaintiff is granted a default judgment, the judge issues a written order which states the amount of money the defendant is required to pay to the plaintiff. However, it is important to note that a default judgment may be set aside if the defendant can show that they had a valid reason for not appearing or filing an answer.

Related FAQs

Are there any special rules for parties under the age of 18 in small claims court?
Can I request attorney fees in a small claims court case?
What is the process for obtaining a garnishment order in a small claims court case?
Can I get an extension on my small claims court case?
What is the process for collecting a judgment from the other party in small claims court?
How much does it cost to appeal a small claims court decision?
What is the difference between mediation and arbitration in small claims court?
What can I do if the other party fails to appear in small claims court?
How much time do I have to file an appeal in a small claims court case?
Are there any rules prohibiting me from collecting a small claims court judgment outside of court?

Related Blog Posts

What is Small Claims Court and How Does it Work? - July 31, 2023
Maximizing Your Chances of Success in Small Claims Court - August 7, 2023
7 Tips For Submitting a Winning Small Claims Court Case - August 14, 2023
The Pros and Cons of Taking Your Case to Small Claims Court - August 21, 2023
Preparing for Your Small Claims Court Hearing - August 28, 2023