Florida Small Claims Rule 7.170 - DEFAULT; JUDGMENT | Syfert Law

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Florida Small Claims Rule 7.170

RULE 7.170. DEFAULT; JUDGMENT

(a) Default. If the defendant does not appear at the scheduled time,
the plaintiff is entitled to a default to be entered by either the judge or clerk.

(b) Final Judgment. After default is entered, the judge shall receive
evidence establishing the damages and enter judgment in accordance with the
evidence and the law. The judge may inquire into and prevent abuses of venue
prior to entering judgment.

Court Commentary

1972 Amendment. Evidence may be by testimony, affidavit, or other
competent means.

1980 Amendment. By the amendment to this rule, the judge is
permitted to ensure by any means which the judge deems appropriate that
venue is not being abused.
Link to Florida Bar Official Rule 7.170

Cases Citing Rule 7.170

Total Results: 7

In Re Amend. to the Florida Sm. Cl. Rules

601 So. 2d 1201, 1992 WL 163954

Supreme Court of Florida | Filed: Jul 16, 1992 | Docket: 1305243

Cited 4 times | Published

in a $300.00 claim orand a $3,000.00 claim. RULE 7.170. DEFAULT; JUDGMENT (a) Default. If defendant

Category: Small Claims

Vladimir Mosia and MIG Express Corp. v. James Foglia

District Court of Appeal of Florida | Filed: Jul 30, 2025 | Docket: 70962815

Published

Procedure 1.500(b) and Florida Small Claims Rule 7.170(b) require the Court to receive evidence

Category: Small Claims

Tax Certificate Judgments, Inc. v. Wright

826 So. 2d 1051, 2002 Fla. App. LEXIS 12404, 2002 WL 1972915

District Court of Appeal of Florida | Filed: Aug 28, 2002 | Docket: 64817734

Published

on her own, the county judge did exactly what rule 7.170 contemplates, and the circuit court, in affirming

Category: Small Claims

Florida Bar: In re Rules of Summary Procedure

461 So. 2d 1344, 9 Fla. L. Weekly 416, 1984 Fla. LEXIS 3385

Supreme Court of Florida | Filed: Sep 13, 1984 | Docket: 64609215

Published

at law in county courts. The language added to rule 7.170(a) “No default shall be entered prior to the

Category: Small Claims

Florida Bar re Rules of Summary Procedure

385 So. 2d 1367, 1980 Fla. LEXIS 4293

Supreme Court of Florida | Filed: Jul 3, 1980 | Docket: 64577415

Published

change should be reflected in the required notice. Rule 7.170. Default; Judgment (a) Default. If defendant

Category: Small Claims

Florida Bar

366 So. 2d 398, 1978 Fla. LEXIS 4998

Supreme Court of Florida | Filed: Dec 14, 1978 | Docket: 64568018

Published

the jurors may be taxed as costs in the case. Rule 7.170(a). Default. If defendant does not appear at

Category: Small Claims

In re proposed Summary Claims Procedure Rules

203 So. 2d 616

Supreme Court of Florida | Filed: Oct 4, 1967 | Docket: 64502815

Published

prosecution at that time or later as justice requires. RULE 7.170. DEFAULT; JUDGMENT. (a) Default. If defendant

Category: Small Claims