Default judgment in Florida: how to set it aside

How to undo a default judgment, how long you have, and what to do while you wait.

Checked against official sources: Oct 24, 2026.

Short answer

A default judgment means the court decided against you because you didn't answer. File a motion for relief from judgment for mistake, inadvertence, surprise or excusable neglect, newly discovered evidence, or fraud – within a reasonable time and no later than 1 year after the judgment.

Shortest time to ask
1 year (Motion for relief from judgment: outer limit)
Time to answer
20 days

How a default happens in Florida

Small claims: if you do not appear at the pretrial conference, the plaintiff is entitled to a default, and the judge enters judgment after reviewing evidence of the damages. Civil cases: if you file nothing, the clerk enters a default; if you filed something but did not defend, the court can.

Asking the court to undo a default in Florida

File a motion for relief from judgment for mistake, inadvertence, surprise or excusable neglect, newly discovered evidence, or fraud – within a reasonable time and no later than 1 year after the judgment. A void judgment can be challenged within a reasonable time. Small claims: Fla. Sm. Cl. R. 7.190(b); civil cases: Fla. R. Civ. P. 1.500(d) and 1.540(b).

Law: Fla. Sm. Cl. R. 7.170, 7.190(b); Fla. R. Civ. P. 1.500, 1.540(b)

Count your deadline to set aside a default

The date is counted in your browser.

The court's name is at the top of the judgment.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

The judgment in Florida

Interest after the judgment

The Chief Financial Officer sets the rate each quarter (average Federal Reserve discount rate for the past 12 months plus 4%). The rate in effect when the judgment is entered is adjusted every January 1. The rate effective October 1, 2026 is 7.87% a year. A written contract can set a different rate.

How long it lasts

A creditor can sue on a Florida judgment for up to 20 years. A recorded judgment is a lien on real property for 10 years and can be extended once for another 10 years by re-recording; no lien lasts more than 20 years from entry.

Law: Fla. Stat. §§ 55.03, 95.11(1), 55.10, 55.081

After a judgment in Florida

Mediation and settlement in Florida

In small claims, mediation may take place at the pretrial conference, and any agreement must be written as a stipulation that can be entered as a court order.

Law: Fla. Sm. Cl. R. 7.090(f)-(g)

Military service and defaults

Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service.

Law: 50 U.S.C. 3931(b)(1)

Your next steps in Florida

  1. Get the judgment papers

    Ask the clerk for a copy of the judgment and note the date on it.

  2. Act within the time limit

    In Florida: File a motion for relief from judgment for mistake, inadvertence, surprise or excusable neglect, newly discovered evidence, or fraud – within a reasonable time and no later than 1 year after the judgment.

  3. Say why you missed it

    Courts usually ask for a good reason and a real defense.

  4. Watch for garnishment

    Until it is set aside, the judgment can be collected: read After a judgment in Florida.

Where to get free help in Florida

Questions about default judgments in Florida

What is the deadline to answer a debt suit in Florida?

Small claims: you (or your lawyer) must appear at the pretrial conference on the date and time on your Summons/Notice to Appear; a written answer is not required. County Court civil and Circuit Court: serve a written answer within 20 days after you are served.

Can the plaintiff win by default in Florida?

Small claims: if you do not appear at the pretrial conference, the plaintiff is entitled to a default, and the judge enters judgment after reviewing evidence of the damages. Civil cases: if you file nothing, the clerk enters a default; if you filed something but did not defend, the court can.

How do I set aside a default in Florida?

File a motion for relief from judgment for mistake, inadvertence, surprise or excusable neglect, newly discovered evidence, or fraud – within a reasonable time and no later than 1 year after the judgment. A void judgment can be challenged within a reasonable time. Small claims: Fla. Sm. Cl. R. 7.190(b); civil cases: Fla. R. Civ. P. 1.500(d) and 1.540(b).

Related Florida pages

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources