A default judgment closes a small claims case in the plaintiff’s favor when the defendant drops out of the process. It is one of the outcomes built into Florida’s small claims process, which runs under the Florida Small Claims Rules rather than the longer civil procedure rules. This article covers when a Florida court enters a default in small claims, how it fixes the amount of the judgment, and the narrow path a defendant has to undo one.
What a Default Judgment Is
A default judgment is entered for the plaintiff because the defendant did not respond or appear, not because a judge weighed both sides and decided the plaintiff had the better case. Cornell’s Legal Information Institute defines a default judgment as a decision in the plaintiff’s favor when the defendant fails to answer a summons or appear in court. The absence is treated as giving up the chance to contest the claim.
Florida small claims is the simplified track county courts use for money disputes of $8,000 or less, exclusive of costs, interest, and attorney fees, under Rule 7.010 of the Florida Small Claims Rules. County courts carry general civil jurisdiction up to $50,000 under Fla. Stat. § 34.01; the small claims rules govern the lowest tier of those cases. Because the procedure is informal, the way a default happens differs from a regular county civil case.
When a Defendant Falls Into Default
Two things have to happen before a default is available: the defendant has to be properly served, and the defendant has to miss the appearance the court scheduled.
Service starts the case. The clerk issues a notice to appear along with the statement of claim, and the defendant is served under the methods the rules allow. The mechanics of opening the case and serving the defendant are covered in filing a small claims case in Florida. Proof of service sits in the court file before any default is entered, because a judgment entered without valid service is open to challenge.
Unlike a regular civil suit, Florida small claims does not require the defendant to file a written answer. Instead, the notice to appear directs the defendant to a pretrial conference on a set date. Under Rule 7.170(a) of the Florida Small Claims Rules, a defendant who fails to appear at that pretrial conference may be defaulted, and the plaintiff can ask the court to proceed. A defendant who appears at the conference but then misses a later trial date can also be defaulted.
Proving the Amount After a Default
A default settles that the defendant is liable, but it does not by itself fix how much is owed. Rule 7.170(b) of the Florida Small Claims Rules lets the court enter final judgment after a default and receive evidence of damages where the amount is not already set.
If the claim is for a liquidated sum, a fixed amount the defendant agreed to such as the balance on a written contract, the court can enter judgment for that sum without a separate damages hearing. If the damages are unliquidated, such as the disputed cost to repair property, the plaintiff puts on brief proof of the amount, often at the pretrial conference or a short hearing the court sets. The judgment cannot exceed the amount demanded in the statement of claim, and the $8,000 small claims ceiling caps what the court can award on the claim.
Setting Aside a Default Judgment
A defendant who was defaulted is not necessarily out of options. Small Claims Rule 7.190 makes Florida Rule of Civil Procedure 1.540 apply to small claims, and Rule 1.540(b) is the route to vacate a judgment. It allows relief for mistake, inadvertence, surprise, or excusable neglect, among other grounds.
To set aside a default, Florida courts generally look for three things: a legally sufficient excuse such as excusable neglect, a meritorious defense to the claim, and due diligence in moving to vacate once the default came to light. A motion that shows all three has a basis the court can act on; one that shows none does not.
Act once you learn of the judgment
Due diligence is one of the factors a court weighs, so the timing of the motion matters. It is filed within a reasonable time and, for excusable-neglect grounds, no later than one year after the judgment.
File a motion to vacate
The motion is filed in the same county court case and identifies the ground under Rule 1.540(b) that applies, such as excusable neglect or a void judgment.
Explain the missed appearance
The motion states why the pretrial conference was missed, a calendaring error, a notice that never arrived, or illness, with enough detail for the court to judge whether the neglect is excusable.
State a defense to the claim
The motion or an attached affidavit sets out a defense to the underlying claim, so the court can see the case would actually be contested if it reopened.
Collecting a Default Judgment
A default judgment is enforced the same way as a judgment entered after a contested trial. Winning the judgment and collecting it are separate stages, and the court does not collect for the plaintiff.
A judgment creditor can pursue the standard post-judgment tools, including recording a judgment lien and garnishing wages or bank accounts. Getting a writ of garnishment in Florida walks through the garnishment route, and Florida’s wage garnishment exemptions limit how much of a debtor’s pay a creditor can reach. The full arc from filing through execution is laid out in the Florida small claims rules from filing to execution.
Frequently asked questions
How long does a defendant have to respond to a small claims case in Florida?
Florida small claims does not use a written-answer deadline the way a regular civil case does. The notice to appear served with the statement of claim sets a pretrial conference date, and the defendant must appear on that date. Missing the pretrial conference is what exposes the defendant to a default under Rule 7.170(a) of the Florida Small Claims Rules.
Can a default judgment be reversed in Florida?
It can be challenged. A defendant files a motion under Florida Rule of Civil Procedure 1.540(b), which courts generally grant where the defendant shows excusable neglect, a meritorious defense, and diligence in raising the issue. For excusable neglect, the motion must be filed within a reasonable time and no later than one year after the judgment.
Does the plaintiff still have to prove damages after a default?
It depends on the type of claim. For a liquidated amount, such as a fixed contract balance, the court can enter judgment for that sum without a separate hearing. For unliquidated damages, the plaintiff puts on brief proof of the amount under Rule 7.170(b) of the Florida Small Claims Rules.
What happens if you ignore a small claims lawsuit in Florida?
Ignoring a properly served claim and skipping the pretrial conference lets the plaintiff seek a default and a money judgment. That judgment can then be collected through liens and garnishment, and it stays enforceable for years. A defendant who learns of the judgment late can move to set it aside, but the grounds and the one-year window for excusable neglect are limited.
Is a default judgment the same as winning at trial?
The judgment has the same enforceability, but it was entered without the claim being contested. That difference is why a default can be vacated on grounds that would not unwind a judgment reached after both sides were heard, particularly where service was defective or the absence was the result of excusable neglect.