A Motion to Set Aside Default is used when a default has already been entered against you in an eviction case, either by the clerk or the judge. Defaults are often entered improperly—without proper service, without notice, while a motion was pending, or before the legally required response time expired. This motion asks the court to vacate the default and restore your right to participate in the case.

You should file this motion if a clerk’s default or judicial default was entered, especially if you were not properly served, did not receive notice, had a pending motion (such as a Motion to Quash), or if the default was entered prematurely or without a required hearing. Florida courts strongly disfavor defaults and prefer cases to be decided on their merits, particularly when a tenant is actively attempting to defend the case.

Before starting, gather your county and court location, your case number, the date the default was entered, and any filings you made before the default. 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 answer simple questions about service of process, notice, timing, and whether any motions were pending when default was entered. Answer honestly—no legal language is required. The wizard automatically applies Florida law and formats the motion to show why the default should be vacated.

Once completed, review the motion carefully. It will ask the court to set aside the default, restore your right to file responsive pleadings, and prevent the case from moving forward based on a procedural shortcut. After reviewing, sign the motion by printing and signing or applying a valid electronic signature.

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

After filing, the court may vacate the default, set a hearing, or grant you time to file an answer or appropriate motions. The eviction cannot proceed to final judgment until the default issue is resolved, and your procedural rights are restored.

This motion is powerful because it enforces due process, prevents eviction based on technical errors, and reopens the case so it can be handled fairly. Defaults are not meant to punish tenants who are attempting to defend themselves—they are meant for true failures to appear, not procedural missteps.

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