Florida Small Claims Default Judgment — How It Happens and How to Set It Aside

A default in Florida small claims court can establish the plaintiff's right to recover without your defense being heard. If damages are unliquidated, the court may still require the plaintiff to prove the amount.

How a Default Gets Entered

Under Florida Small Claims Rule 7.170(a), when a defendant fails to appear at the scheduled Pretrial Conference, the plaintiff is entitled to a default entered by the judge or clerk. This establishes your liability as a matter of law. Before entering judgment, the judge must receive evidence establishing damages and enter judgment in accordance with the evidence and law.

The key point most people miss: filing a written answer or motion does not excuse you from attending the Pretrial Conference. Rule 7.090(c) makes attendance mandatory regardless of what you've already filed with the clerk. Defendants who mail in a written response and assume they're covered are the ones who get defaulted.

How to Avoid a Default

Show up. That's the short version.

The slightly longer version: appear at the Pretrial Conference on the date and time printed on your summons (Form 7.322), either in person or through an attorney. Rule 7.090(a) allows appearance through communication technology under Rule 2.530 when authorized by the court. Check your summons and the assigned court's current instructions before relying on a virtual appearance.

If you genuinely cannot attend, request a continuance under Rule 7.130(a), which requires good cause. The motion may be oral unless the court requires it in writing. A request alone does not postpone anything; the court must grant the continuance.

Setting Aside a Default Judgment

If a default has already been entered against you, you can seek relief under Florida Small Claims Rule 7.190(b). The court has discretion to vacate a default when you can show:

• Excusable neglect — a legitimate reason you missed the hearing, such as sudden serious illness, hospitalization, or lack of proper service
• A meritorious defense — you have a real argument against the plaintiff's claim, not just a procedural objection
• Due diligence and timeliness — you acted promptly after learning of the default; a motion based on excusable neglect must be filed within a reasonable time and no more than one year after judgment

The motion must be in writing, filed with the clerk, and served on the plaintiff. You'll typically get a hearing where the judge decides whether the default should be vacated.

If the judge grants your motion, the case resets — a new pretrial conference or trial date gets scheduled, and you get your day in court.

What a Default Judgment Means for You

A default final judgment is a real court order with post-judgment consequences. The court may order you to complete a Fact Information Sheet (Form 7.343) detailing your assets and income within 45 days of the order or another time set by the court. Serve the completed form on the judgment creditor; do not file it with the court.

Don't Let It Get to That Point

The Florida Small Claims Response Guide includes a deadline calculator that maps every critical date from the moment you're served — the pretrial conference, the counterclaim deadline, and the jury demand window. It's designed specifically for defendants who need to know exactly what to do and when.

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