What is a Default Judgment in Florida

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If you’ve been served with a credit card lawsuit in Florida and didn’t respond in time, chances are the creditor will move for a default judgment.

A default judgment can open the door to wage garnishment, bank levies, and other aggressive collection tactics.

⚖️ What Is a Default Judgment?

A default judgment is a binding court ruling against you because you didn’t respond to a lawsuit within the legal deadline.

In Florida, the Rules of Civil Procedure (Rule 1.500) allow a plaintiff to request a default if the defendant:

Fails to file a written Answer or responsive pleading within 20 days of being served with the lawsuit.

👉 Simply put: if you ignore the lawsuit, the creditor can win automatically.

🕑 How a Default Judgment Happens in a Florida Credit Card Case

Step-by-Step Process:

Creditor Files a Lawsuit: Usually for unpaid credit card debt.
You Are Served: A process server or sheriff delivers a Summons and Complaint.
You Do Nothing: If you fail to file an Answer with the court within 20 days of being served…
Creditor Requests Default:
- They file a Motion for Clerk’s Default (if no answer is on record).
- Or, if they want monetary relief, they file a Motion for Default Final Judgment.
Court Grants the Default: The clerk or judge enters a final judgment stating you owe the full amount requested — possibly with interest, court costs, and attorney fees.

Once the judgment is entered, it is enforceable just like any other civil court judgment.

💥 What Can a Creditor Do With a Default Judgment in Florida?

A default judgment gives the creditor the full power of the court to collect the debt using legal tools.

Here’s what they can do:

Wage Garnishment

- The creditor can file a Motion for Writ of Garnishment.
- Your employer is served with the writ and must deduct a portion of your paycheck (usually up to 25% of disposable income).
- You’ll receive notice and may claim exemptions, like the Head of Household Exemption.

Bank Account Garnishment

- The creditor can freeze and seize funds from your checking or savings accounts.
- There’s no exemption for wages once they’re deposited, unless they’re protected (like Social Security).

Property Liens

- The creditor can record a judgment lien on real estate you own in Florida.
- This may prevent you from selling or refinancing your home unless the debt is paid off.

Seizure of Personal Property

- In rare cases, creditors can obtain a levy on non-exempt personal property (like vehicles, jewelry, etc.).

⏪ Can You Undo a Default Judgment in Florida?

Yes, but only under specific conditions. You may file a Motion to Set Aside Default Judgment under Rule 1.540(b), if:

You have a valid legal excuse (e.g., you weren’t properly served, or illness prevented you from responding).
You act within a reasonable time (usually within 1 year of the judgment).
You show the court that you have a meritorious defense (i.e., you could have won the case if you had responded).

Courts don’t grant these easily, so it’s best to act quickly and consult with a Florida debt defense attorney if you’re considering it.

📉 What Happens If You Ignore a Default Judgment?

If you don’t fight it or pay the judgment:

Collection efforts may intensify.
The creditor can keep renewing the judgment every 10 years.
Your wages, bank accounts, or property could be taken.
You may be summoned to disclose your assets.

✅ How to Avoid a Default Judgment in the First Place

Respond to the lawsuit within 20 days of service.
File a proper Answer with any legal defenses.
Don’t ignore mail from the court or collection attorneys.
Consider negotiating a settlement or hiring legal help if you’re unsure what to do.
Hire a debt defense lawfirm.

Mike Weston is a seasoned debt lawsuit defense attorney and founder of Weston Legal. Since 2005, Mike has devoted his career to compassionately helping consumers struggling with issues involving their personal and business debts. Mike is grateful to have been able to help tens of thousands of clients become empowered with knowledge on the path to financial stability.