Legal Question in Civil Litigation in Florida

if a cival defendant in a case defaults do they lose?


Asked on 3/08/12, 6:54 am

3 Answers from Attorneys

Stephen Orchard Law Offices of Stephen Orchard

Technically, yes. But there are still more procedures left for a plaintiff to obtain a judgment. A "default" means that the defendant didn't participate in the case within the appropriate timeframe. Whether you are the plaintiff or the defendant in this scenario, you should retain an attorney to advise you and preserve your rights.

Best of luck

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Answered on 3/08/12, 7:23 am
David Slater David P. Slater, Esq.

Generally yes,but the issue of damages,unless liquidated ( a sum certain) , will still have to be proven.

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Answered on 3/08/12, 7:26 am
Philip Duvalsaint Philip A. Duvalsaint, PLLC

There are two types of defaults. A clerk's default is entered if the defendant doesn't respond to a complaint within the proscribed time. Once entered, the plaintiff must then set a final hearing to obtain a judgment. A judge may also enter a default if the defendant fails to take certain actions which they have been ordered to take.

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Answered on 3/08/12, 1:17 pm


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