An Opposition to Default / Motion to Set Aside Default is used when a landlord asks the court to enter a default against you, or when a default has already been entered—often because the landlord claims you failed to respond on time. This motion explains to the judge why default should not be entered or should be vacated, such as when you were not properly served, did not receive notice, had a responsive motion pending, or when entering default would violate due process. Florida courts strongly prefer cases to be decided on their merits, not by technical default.

You should use this motion if a landlord has filed or threatened a motion for default, if a clerk’s or judicial default has already been entered, if you had a pending motion (such as a Motion to Quash) when default was entered, if you were never properly served, if you were denied the required time to respond, or if default was entered without a required hearing. A default does not mean your case is over—this motion is how you reopen the case and restore your rights.

Before starting the Motion Wizard, gather your county and court location, your case number, the date the default was entered (if applicable), and information about any motions you previously filed. You do not need legal citations or legal writing experience to proceed.

To create your motion, click “Create Your Motion (Florida)” to launch the Motion Wizard. You will be guided through simple questions about service of process, filing deadlines, whether a default was entered, and whether you had a pending motion. Answer honestly—no legal language is required. The wizard automatically applies Florida law, including the Florida Rules of Civil Procedure and due-process protections, and formats your motion correctly.

Once completed, review your motion carefully. It will either oppose the entry of default or request that an existing default be set aside, restore your right to respond, and preserve your defenses. After reviewing, sign the motion by printing and signing or applying a valid electronic signature.

File the signed motion with your court’s e-filing portal and serve the landlord or landlord’s attorney as required. Timing is critical—this motion should be filed immediately after a default is threatened or entered.

After filing, the court may set a hearing, vacate the default, or allow you time to file an answer. Your eviction cannot proceed to final judgment until the default issue is resolved, and you regain the ability to assert defenses and file motions.

This motion is powerful because it protects your constitutional right to due process, prevents eviction based on procedural shortcuts, and forces the court to address fairness rather than technical deadlines. Florida courts disfavor defaults, especially when a tenant is actively participating in the case.

You are not asking for a favor—you are enforcing your right to be heard. Once this motion is filed, the law is working for you.