Motions for a Default by the Clerk of Court are often necessary when a Defendant does not respond to a lawsuit. You should find a lawyer to help you before filing such a motion, however the body of the motion is relatively straightforward:
MOTION FOR DEFAULT
Plaintiff, by and through his undersigned counsel, moves for entry of a default by the Clerk of the Court against Defendant, TOPLINE INDUSTRIES, LLC d/b/a TOPLINE ENTERPRISES for its failure to serve any paper on the undersigned or file any paper in this action within the time period provided by law.
Presumably, should the Defendant not have answered the complaint, the Clerk will then enter the Default. Normally, a proposed Order must accompany the Motion for Default:
A default is entered in this action against Defendant, TOPLINE INDUSTRIES, LLC, d/b/a TOPLINE ENTERPRISES for its failure to serve or file any paper as required by law.
Dated on _____________, 2012.
(Name of Clerk)
As Clerk of the Court
As Deputy Clerk
After the Clerk enters a default, at least normally in Florida, the Court then must enter a Default Judgment. The timing and facts of such a Motion is very important – and with all of these issues you should seek out a Gainseville lawyer for advice, however the following is an example of one we previously filed:
MOTION FOR DEFAULT JUDGMENT
A default has been entered by the Clerk on February 5, 2014 against Defendant Angela Marino. Plaintiff moves for a default judgment based on the following:
1. The Plaintiff loaned the Defendant $45,000.00 and has not been repaid. That last date that Plaintiff provided the Defendant with these funds was in 2010.
2. The Plaintiff’s affidavit establishing this amount due is attached hereto.
3. Interest due from 2010 until the present (May 4, 2009) on the $45,000 is conservatively $4,275 (2 years x 4.75% x 45,000).
4. As per the clerk’s records, the filing and summons fee is $410 ($400 plus four issued summons).
5. Thus, the amount of the judgment should be $49,685.00 ($45,000 + $4,275 + $410).
WHEREFORE, Plaintiff respectfully requests the execution of the attached Order entering judgment in accord with the above in the total sum of $49,685.00, plus future interest. A proposed Judgment is attached hereto.
Motion for Default by a Florida lawyer
Motions for Clerk's Default and Motions for Default Judgment are tricker than you think. Ask our lawyers for help. We serve all of Middle and Northern Florida, including Gaiensville, Ocala, and Lake City .
Michael Massey, Esq.