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Florida Motion to Set Aside a Default Judgment

Set aside a Florida default judgment under Fla. R. Civ. P. 1.540(b): file within a reasonable time and no more than one year for excusable neglect, or later if the judgment is void.

Introduction

A motion to set aside a default judgment asks the court to undo a judgment entered against you because you did not respond to the lawsuit in time, so the case can be decided on the merits. In Florida this runs through two connected rules. Florida Rule of Civil Procedure 1.500(d) governs setting aside the default itself, and it provides that if a final judgment has been entered on that default, the court may set it aside in accordance with Rule 1.540(b). Rule 1.540(b) is the main path: it lets the court relieve you from a final judgment for mistake, inadvertence, surprise, or excusable neglect, among other grounds. The motion must be filed within a reasonable time, and for excusable-neglect, newly-discovered-evidence, and fraud grounds, not more than one year after the judgment was entered. On top of the rule, Florida courts apply a three-element common-law test to vacate a default taken for excusable neglect: excusable neglect, a meritorious defense (the real defense you would raise if the case reopens), and due diligence in moving to set aside. A separate path exists when the judgment is void, most often because you were never properly served. Under Rule 1.540(b)(4) a void judgment carries no one-year cap, only the reasonable-time limit. DocDraft drafts a Florida motion to set aside a default judgment from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    A default judgment is the judgment entered when a defendant does not respond in time. In Florida you undo it with a motion to set aside, which reopens the case so it can be decided on the merits rather than on the missed deadline.

  2. 2

    Florida uses two connected rules. Rule of Civil Procedure 1.500(d) governs setting aside the default, and it provides that if a final judgment was entered on the default, the court may set that judgment aside in accordance with Rule 1.540(b).

  3. 3

    The main ground is Rule 1.540(b)(1): relief from a final judgment for mistake, inadvertence, surprise, or excusable neglect. The rule also covers newly discovered evidence, fraud, a void judgment, and a judgment that has been satisfied or is no longer equitable.

  4. 4

    The deadline has two parts. The motion must be filed within a reasonable time, and for excusable-neglect, newly-discovered-evidence, and fraud grounds, not more than one year after the judgment was entered. The one year is an outer limit, not a grace period.

  5. 5

    Florida courts apply a three-element common-law test to vacate a default entered on excusable neglect: excusable neglect, a meritorious defense, and due diligence in moving to set aside once you learned of the default. This test comes from Florida case law, not the words of the rule, and failing any one element can defeat the motion.

  6. 6

    If you were never properly served, the judgment may be void. Under Rule 1.540(b)(4) a void judgment is not capped at one year; it can be attacked outside that window, though the motion must still be filed within a reasonable time.

  7. 7

    You file the motion in the circuit or county court where the case is pending, in the case caption exactly as it appears in the record. Confirm your court's local filing and e-filing requirements before you file.

Key decisions before you file

Before you file a Motion to Set Aside a Default Judgment in Florida, a few decisions shape the document: which option to choose and what each one means. The Motion to Set Aside a Default Judgment guide walks through them.

Open the Motion to Set Aside a Default Judgment guide

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IN THE [CIRCUIT / COUNTY] COURT OF THE [NUMBER] JUDICIAL CIRCUIT IN AND FOR [COUNTY] COUNTY, FLORIDA

[PLAINTIFF NAME], Plaintiff,

 vs.

[DEFENDANT NAME], Defendant.

Case No.: [CASE NUMBER] Division: [DIVISION]

DEFENDANT'S MOTION TO SET ASIDE DEFAULT AND DEFAULT FINAL JUDGMENT

Defendant [DEFENDANT NAME] moves this Court under Florida Rule of Civil Procedure 1.500(d) and 1.540(b) to set aside the default and the default final judgment entered on [DATE OF JUDGMENT], and states:

  1. RELIEF SOUGHT. A default was entered against Defendant on [DATE], and a default final judgment was entered on [DATE OF JUDGMENT]. Under Rule 1.500(d), the court may set aside the default, and where a final judgment has been entered on the default, may set it aside in accordance with Rule 1.540(b).

  2. GROUNDS. This motion is brought under Rule 1.540(b)(1) for [mistake / inadvertence / surprise / excusable neglect]. Specifically: [describe the facts that caused the failure to respond]. [If applicable: The judgment is void under Rule 1.540(b)(4) because Defendant was never properly served, and no one-year limit applies to that ground.]

  3. EXCUSABLE NEGLECT. The failure to respond resulted from excusable neglect because [state the facts showing why the neglect was excusable under the circumstances].

  4. MERITORIOUS DEFENSE. Defendant has a meritorious defense to this action, namely [state the defense, for example the debt was paid, the amount claimed is wrong, or Defendant is not the correct party]. This defense is supported by the verified answer and affidavit submitted with this motion.

  5. DUE DILIGENCE. Defendant acted with due diligence and moved to set aside within a reasonable time after learning of the default on [DATE].

  6. TIMELINESS. This motion is filed within a reasonable time and, for the excusable-neglect ground, within one year after entry of the judgment, as Rule 1.540(b) requires.

WHEREFORE, Defendant respectfully requests that the Court set aside the default and the default final judgment entered on [DATE OF JUDGMENT], permit Defendant to defend on the merits, and grant such further relief as the Court deems just and proper.

Respectfully submitted,

[ATTORNEY OR SELF-REPRESENTED PARTY NAME] [Florida Bar No., if attorney] [Address] [Telephone] [Email] Attorney for Defendant / Defendant, Pro Se

VERIFICATION

Under penalties of perjury, I declare that I have read the foregoing motion and that the facts stated in it are true and correct to the best of my knowledge and belief.

[DEFENDANT NAME]

CERTIFICATE OF SERVICE

I certify that on [DATE] a copy of the foregoing was served on [OPPOSING PARTY / COUNSEL] by [method of service, for example the Florida Courts E-Filing Portal] in accordance with Florida law.

[NAME OF PERSON SERVING]

[Confirm your court's local filing, formatting, and e-filing requirements before you file.]

Florida Requirements for Motion to Set Aside a Default Judgment

File within a reasonable time and within one year

Under Rule of Civil Procedure 1.540(b), the motion must be filed within a reasonable time and, for mistake or excusable neglect, newly discovered evidence, and fraud, not more than one year after the judgment was entered. The one year is an outer limit, so file as soon as you can.

Check whether the judgment is void

If you were never properly served, the judgment may be void under Rule 1.540(b)(4). That ground carries no one-year cap and can be raised outside the one-year window, though the motion must still be filed within a reasonable time.

State the ground: mistake, inadvertence, surprise, or excusable neglect

Identify which Rule 1.540(b) ground applies and explain the facts. For a default vacated on excusable-neglect grounds, the court weighs whether the neglect that caused the default was excusable under the circumstances.

Show a meritorious defense

Florida case law requires you to show a meritorious defense, meaning the real defense you would raise if the case reopens. Courts commonly expect that defense to be supported by a verified answer, sworn motion, or affidavit.

Show due diligence

Florida courts apply a three-element common-law test to vacate a default on excusable-neglect grounds: excusable neglect, a meritorious defense, and due diligence in moving to set aside once you learned of the default. State when you learned of the default and that you acted promptly.

Support the motion with a verified filing or affidavit

Support the motion with a verified answer, sworn motion, or affidavit stating the facts of the excusable neglect and the meritorious defense. Confirm whether your court expects a proposed responsive pleading to be attached, as that is a local practice point.

Use the correct court caption

Caption the motion for the circuit or county court and judicial circuit where the case is pending, and use the case number, division, and party names exactly as they appear in the court record.

File in the trial court and serve the opposing party

File the motion with the clerk of the circuit or county court where the case is pending and serve it on the opposing party with a certificate of service. Florida trial courts use the statewide e-filing portal, so confirm your court's local filing requirements.

Frequently Asked Questions

It is a request asking a Florida court to undo a default judgment, which is the judgment entered against a defendant who did not respond to the lawsuit in time. Setting it aside reopens the case so you can defend it. Under Rule of Civil Procedure 1.500(d), if a final judgment was entered on the default, the court may set it aside in accordance with Rule 1.540(b) for grounds such as mistake, inadvertence, surprise, or excusable neglect.

A default is the record that you did not respond on time; a default judgment is the later judgment that actually decides the case against you. Rule 1.500(d) lets the court set aside the default itself, and if a final judgment was entered on it, the court sets that judgment aside under Rule 1.540(b). Once a final judgment exists, you must meet the 1.540(b) grounds and the reasonable-time and one-year timing limits.

Under Rule of Civil Procedure 1.540(b) the motion must be filed within a reasonable time, and for mistake or excusable neglect, newly discovered evidence, and fraud, not more than one year after the judgment was entered. The one year runs from entry of the judgment and is an outer limit. If the judgment is void under Rule 1.540(b)(4), the one-year cap does not apply, but the motion must still be filed within a reasonable time.

Rule 1.540(b) lists mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence; fraud, misrepresentation, or misconduct; a void judgment; and a judgment that has been satisfied or is no longer equitable. Beyond the rule, Florida courts apply a three-element common-law test to vacate a default on excusable-neglect grounds: excusable neglect, a meritorious defense, and due diligence in moving to set aside.

Often yes. If you were never properly served, the court may have lacked jurisdiction and the judgment may be void. Rule of Civil Procedure 1.540(b)(4) lets the court relieve you from a void judgment, and that ground is not limited to the one-year window that applies to excusable-neglect motions. The motion must still be filed within a reasonable time after you learned of the judgment.

For a default vacated on excusable-neglect grounds, Florida case law requires you to show a meritorious defense, meaning the real defense you would raise if the case reopens. Courts commonly expect that defense to be supported by a verified answer, sworn motion, or affidavit. Whether your court requires a proposed responsive pleading to be attached is a local practice point, so confirm your court's requirements before you file.

You file it in the circuit or county court where the case is pending, using the case caption exactly as it appears in the court record. The motion is filed with the clerk of that court and served on the opposing party. Florida trial courts use electronic filing through the statewide e-filing portal, so confirm your court's local filing requirements before you file.