What does a “Motion for Default and Default (Not Issued)” mean?

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What does a “Motion for Default and Default (Not Issued)” mean?

It’s for an possibly eviction. My friend’s landlord turned the property over to a management company and the are saying she owes a lot more than the lease says.

Asked on August 1, 2011 Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A motion for default essentially means that a defendant (person sued ina legal action) failed to file an answer to the summons and complaint served upon him or her within the required time period (usually 30 days).

The plaintiff (person who filed the lawsuit) nowif filing a motion with the court clerk to have the failure to answer the summons and complaint declared a "default". Meaning, the plaintiff wins the lawsuit because the defendant has failed to file an answer to the complaint.

The term default (not issued) means that the default sought against the defendant has not been issued yet by the court clerk of the judge hearing the dispute that spawned the lawsuit.


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