Motion For Default Form PDF Details

Navigating the intricacies of family law in Florida can be a challenging endeavor, especially when one party fails to respond to a petition. The Motion for Default form, officially known as Florida Supreme Court Approved Family Law Form 12.922(a), plays a crucial role in such scenarios. This form is used when an individual does not file or serve any documents within the 20-day period following the service of a petition, allowing the petitioner to request the clerk of the circuit court to enter a default against the non-responsive party. Coupled with Form 12.922(b), the Default, it enables the petitioner to move towards obtaining a faster final hearing to conclude their case. Once a default is recorded by the clerk, it is incumbent upon the petitioner to then request a trial or final hearing, a process that involves scheduling with the court and notifying all parties involved, including the one defaulted. Detailed instructions guide individuals through the completion and filing of these forms, emphasizing the importance of such procedural aspects in the pursuit of a resolution. These forms embody the judicial system's commitment to ensuring that cases progress even when faced with unresponsiveness, providing a structured path forward for individuals navigating the complexities of family law.

QuestionAnswer
Form NameMotion For Default Form
Form Length3 pages
Fillable?No
Fillable fields0
Avg. time to fill out45 sec
Other namesflorida motion default, how to a motion for default, florida form for default, default form how

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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS

12.922(a), MOTION FOR DEFAULT, and

12.922(b), DEFAULT

When should these forms be used?

If the other party has failed to file or serve any documents within 20 days after the date of service of your petition, you may ask the clerk of the circuit court to enter a default against him or her by filling out this form and filing it with the court. Generally, a default allows you to obtain an earlier final hearing to finish your case. Once the default is signed by the clerk, you can request a trial or final hearing in your case.

To obtain a default, you will need to complete Motion for Default, O” Florida Supreme Court Approved Family Law Form 12.922(a). You will then need to file your motion for default along with the Default, O” Florida Supreme Court Approved Family Law Form 12.922(b), so that the clerk can enter a default for you if your motion is proper.

This form should be typed or printed in black ink. After completing this form, you should file the original with the clerk of the circuit court in the county where you filed your petition and keep a copy for your records.

What should I do next?

After the default has been entered, you must ask for a hearing, so that the judge can consider your petition. To do this, you must contact the clerk’s office,family law intake staff, or judicial assistant to schedule a hearing and file a Notice of Hearing (General), O’ Florida Supreme Court Approved Family Law Form 12.923, with the clerk. A copy of the notice of hearing must be mailed or hand-delivered to each party in the case. You must send a notice of final hearing to the defaulted party.

Where can I look for more information?

Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. For further information, see rule 1.500, Florida Rules of Civil Procedure, concerning defaults and rule 1.140, Florida Rules of Civil Procedure, concerning the time within which a party can file an answer or other responsive pleading to a petition. See also rule 12.080, Florida Family Law Rules of Procedure.

Special notes...

Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of Disclosure from Nonlawyer, O‘ Florida Family Law Rules of Procedure Form 12.900 (a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

Instructions for Florida Supreme Court Approved Family Law Forms 12.922(a), Motion for Default, and 12.922(b), Default (9/00)

IN THE CIRCUIT COURT OF THE

 

 

 

 

 

 

JUDICIAL CIRCUIT,

IN AND FOR

 

 

 

 

 

COUNTY, FLORIDA

 

 

 

 

Case No.:

 

 

 

 

 

Division:

 

 

 

,

 

 

 

 

 

 

Petitioner,

 

 

 

 

 

 

and

 

 

 

 

 

 

 

 

 

,

 

 

 

 

 

Respondent.

 

 

 

 

 

 

MOTION FOR DEFAULT

TO THE CLERK OF THE CIRCUIT COURT:

PLEASE ENTER A DEFAULT AGAINST RESPONDENT WHO HAS FAILED TO RESPOND TO THE PETITION.

 

I certify that a copy of this document was [/ one only] (

) mailed ( ) faxed and mailed ( ) hand

delivered to the person(s) listed below on {date}

 

 

.

Other party or his/her attorney:

 

 

Name:

 

 

 

 

Address:

 

 

 

 

City, State, Zip:

 

 

 

 

Fax Number:

 

 

 

 

Dated:

 

 

 

 

Signature of Petitioner

Printed Name:

Address:

City, State, Zip:

Telephone Number:

Fax Number:

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks]

I, {full legal name and trade name of nonlawyer}

 

 

 

 

 

,

a nonlawyer, located at {street}

 

 

 

 

 

, {city}

 

,

{state}

 

 

, {phone}

 

 

, helped {name}

 

,

who is the petitioner, fill out this form.

Florida Supreme Court Approved Family Law Form 12.922(a), Motion for Default (9/00)

IN THE CIRCUIT COURT OF THE

 

 

 

 

 

 

 

JUDICIAL CIRCUIT,

IN AND FOR

 

 

 

 

 

COUNTY, FLORIDA

 

 

 

 

 

Case No.:

 

 

 

 

 

 

Division:

 

 

 

,

 

 

 

 

 

 

Petitioner,

 

 

 

 

 

 

 

and

 

 

 

 

 

 

 

 

 

 

,

 

 

 

 

 

Respondent.

 

 

 

 

 

 

 

 

 

 

DEFAULT

A default is entered in this action against Respondent for failure to serve or file a response or any paper as is required by law.

Dated:

CLERK OF THE CIRCUIT COURT

(SEAL)

By:

 

 

 

 

 

 

Deputy Clerk

 

 

 

I certify that a copy of this document was [/ one only] ( ) mailed (

) faxed and mailed ( ) hand

delivered to the person(s) listed below on {date}

 

 

.

Other party or his/her attorney:

 

 

Name:

 

 

 

 

Address:

 

 

 

 

City, State, Zip:

 

 

 

 

Fax Number:

 

 

 

 

Dated:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Signature of Petitioner

 

 

 

 

 

 

 

 

Printed Name:

 

 

 

 

 

 

 

 

 

Address:

 

 

 

 

 

 

 

 

 

City, State, Zip:

 

 

 

 

 

 

 

 

 

Telephone Number:

 

 

 

 

 

 

 

 

 

Fax Number:

 

 

 

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks]

I, {full legal name and trade name of nonlawyer}

 

 

 

 

 

,

a nonlawyer, located at {street}

 

 

 

 

 

, {city}

 

,

{state}

 

 

, {phone}

 

 

, helped {name}

 

,

who is the petitioner, fill out this form.

Florida Supreme Court Approved Family Law Form 12.922(b), Default (9/00)

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default form how completion process outlined (part 3)

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