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FORM 12.922(c),: INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED (Florida)

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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.922(c),
MOTION TO SET ASIDE DEFAULT OR DEFAULT JUDGMENT (11/15)
When should this form be used?
If a default or default judgment has been entered against you, and you believe, because of a mistake,
inadvertence, excusable neglect, newly discovered evidence, or fraud, that it should not have been
entered against you, you can use this form to request that the court set aside the default or default
judgment.
This form should be typed or printed in black ink. After completing this form, you should sign the form
before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in
the county where the default was entered and keep a copy for your records.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be
filed electronically except in certain circumstances. Self-represented litigants may file petitions or
other pleadings or documents electronically; however, they are not required to do so. If you choose
to file your pleadings or other documents electronically, you must do so in accordance with Florida Rule
of Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you
file. The rules and procedures should be carefully read and followed.
What should I do next?
After you file this form with the clerk and serve a copy on the other party in the case, you must schedule
a hearing so that the court can consider your motion. You should contact the clerk, family law intake
staff, or judicial assistant to schedule a hearing. Once you have scheduled the hearing date and time,
you will need to complete and send out a notice for that hearing. To do so, use Notice of Hearing
(General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of
hearing form.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified
process server, the Florida Rules of Judicial Administration now require that all documents required or
permitted to be served on the other party must be served by electronic mail (e-mail) except in certain
circumstances. You must strictly comply with the format requirements set forth in the Rules of
Judicial Administration. If you elect to participate in electronic service, which means serving or
receiving pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must
review Florida Rule of Judicial Administration 2.516. You may find this rule at www.flcourts.org through
the link to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started,
or Rules of Court in the A-Z Topical Index.
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT
REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the
Instructions for Florida Supreme Court Approved Family Law Form 12.922(c), Motion to Set Aside
Default or Default Judgment (11/15)
procedures must always be followed once the initial election is made.
To serve and receive documents by e-mail, you must designate your e-mail addresses by using the
Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form
12.915, and you must provide your e-mail address on each form on which your signature appears.
Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme
Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida
Supreme Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration2.516.
Where can I look for more information?
Before proceeding, you should read General Information for Self-Represented Litigants found at the
beginning of these forms. For further information, see Florida Family Law Rule of Procedure 12.540,
and Florida Rules of Civil Procedure 1.500(d) and 1.540(d).
Special notes...
Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out
these forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules
of Procedure Form 12.900 (a), before he or she helps you. A nonlawyer helping you fill out these forms
also must put his or her name, address, and telephone number on the bottom of the last page of every
form he or she helps you complete.
Instructions for Florida Supreme Court Approved Family Law Form 12.922(c), Motion to Set Aside
Default or Default Judgment (11/15)
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________
IN THE CIRCUIT COURT OF THE _______________________ JUDICIAL CIRCUIT,
IN AND FOR ________________________ COUNTY, FLORIDA
Case No.: ___________________________ ___
Division:
__________________________________________________________________________________ ________
__________________________________,
Petitioner,
and
__________________________________,
Respondent,
MOTION TO SET ASIDE DEFAULT OR DEFAULT JUDGMENT
I, {full legal name} _______________________________________, request that the Court enter an
order to set aside the _____ Default _____ Default Judgment entered against me and that I be given the
opportunity to present my views.
The Court should do this because:
1. I became aware of this Default/Default Judgment on {date} _______________________
2. I found out about this in the following manner {explain how you found out}: __________
3. I did not answer or appear at the hearing because: ____________________________________
4. If I am given an opportunity, these are the defenses and arguments that I would like to tell the
court about: ___________________________________________________________________
Florida Supreme Court Approved Family Law Form 12.922(c), Motion to Set Aside Default or Default
Judgment (11/15)
____________________________________________
_____________________________________________
I certify that a copy of this document was ( ) e-mailed ( ) mailed (
to the person(s) listed below on {date} __________________________.
Other party or his/her attorney:
Name: ______________________________________
Address: ____________________________________
City, State, Zip: _______________________________
Fax Number: _________________________________
Designated E-mail Address(es): __________________
) faxed ( ) hand-delivered
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this
motion and that the punishment for knowingly making a false statement includes fines and/or
imprisonment.
Dated: _______
Signature of Respondent
Printed Name: _________________________________
Address: ______________________________________
City, State, Zip: _________________________________
Fax Number: ___________________________________
Designated E-mail Address(es): ____________________
STATE OF FLORIDA
COUNTY OF
Sworn to or affirmed and signed before me on by
NOTARY PUBLIC or DEPUTY CLERK
{Print, type, or stamp commissioned name of
notary or clerk.}
_ Personally known
_ Produced identification
Type of identification produced
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:
[fill in all blanks] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent
This form was completed with the assistance of:
{name of individual} ____________________________________________________________________,
{name of business} _____________________________________________________________________,
{address} ____________________________________________________________________________,
{city} ______________, {state} _____, {zip code} ___________, {telephone number} ________________
Florida Supreme Court Approved Family Law Form 12.922(c), Motion to Set Aside Default or Default
Judgment (11/15)
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FORM 12.922(c),: INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED (Florida)

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Completed 5 August 2020

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