Florida Small Claims Set Aside Default Judgment

What a Default Judgment Means

A failure to appear at the pretrial conference can lead to a default under Rule 7.170(a). The court may then proceed to a default final judgment; if damages are unliquidated, it holds a proof-of-damages hearing.

If the court enters a default final judgment, it is legally enforceable. The plaintiff can pursue wage garnishment, bank account levies, and property liens to collect. But a default judgment is not necessarily permanent. Florida law provides a mechanism to set it aside.

Rule 7.190 and Rule 1.540(b): The Legal Basis

Small Claims Rule 7.190 governs relief from judgment and incorporates Florida Rule of Civil Procedure 1.540(b). That rule allows a court to relieve a party from a final judgment for specific grounds:

• Excusable neglect — you had a legitimate reason for missing the hearing (medical emergency, did not receive the summons, family crisis)
• Newly discovered evidence — evidence that could not have been obtained earlier through reasonable diligence
• Fraud, misrepresentation, or misconduct by the opposing party
• The judgment is void — for example, the court lacked jurisdiction or service was defective
• The judgment has been satisfied or released

Excusable neglect is the most common ground defendants use. But "I forgot" or "I didn't think it was important" generally does not qualify. Courts look for something beyond the defendant's control or a genuine misunderstanding of the procedural requirements.

How to File the Motion

To ask the court to set aside a default judgment, you file a written motion. There is no standard statewide form for this — you draft the motion yourself or have an attorney prepare it. The motion should include:

1. Your name, the case number, and the court where the judgment was entered
2. The date the default judgment was entered
3. The specific ground under Rule 1.540(b) you are relying on
4. A detailed explanation of why you did not appear at the pretrial conference
5. A statement of your defense to the plaintiff's claim — you must show you have a meritorious defense, not just that you want another chance
6. A request for the court to vacate the judgment and set a new hearing date

File the motion through the Florida Courts E-Filing Portal (myflcourtaccess.com) or deliver it to the clerk's office. Serve a copy on the plaintiff or their attorney.

The Timeline

Rule 1.540(b) requires the motion to be filed within a "reasonable time" and, for excusable neglect, newly discovered evidence, or fraud, no more than one year after the judgment was entered.

"Reasonable time" is not a fixed deadline — courts evaluate the circumstances. Filing within a few weeks of learning about the default is far stronger than waiting several months. The longer you wait, the harder it becomes to convince the court the delay was reasonable.

A motion claiming the judgment is void may be brought at any time.

What Happens at the Hearing

If the court schedules a hearing on your motion, both sides appear and argue. The judge considers whether you have shown a legitimate reason for the default and whether you have a defense worth hearing. If the judge grants the motion, the default judgment is vacated and the case is reset for a new pretrial conference or trial.

If the judge denies the motion, the default judgment stands. You can appeal the denial to the District Court of Appeal within 30 days.

Prevention Is Simpler Than Cure

Setting aside a default judgment is possible but never guaranteed. Appearing at the pretrial conference — even if unprepared — is far simpler than litigating a set-aside motion after the fact.

If you have been served with a small claims case in Florida and want to make sure you handle every deadline correctly, the Florida Small Claims Response Guide covers the entire defendant process, including how to avoid defaults in the first place.

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