How to Vacate a Default Judgment on a Debt Collection Lawsuit in Florida

If you missed the deadline to answer a debt collection lawsuit in Florida, the collector may have already obtained a default from the clerk under Florida Rule of Civil Procedure 1.500, followed by a default final judgment. That judgment can be used to garnish wages, freeze bank accounts, or place a lien on property. It feels final — but Florida law provides a specific route to ask the court to vacate (set aside) that judgment: a motion under Florida Rule of Civil Procedure 1.540(b).

The grounds for vacating a judgment under Rule 1.540(b)

Rule 1.540(b) lists the recognized grounds a court can rely on to relieve a party from a final judgment. The most commonly used in debt collection cases are:

1. Excusable neglect. You have a reasonable, good-faith explanation for missing the deadline — for example, you never actually received the summons, you were hospitalized, or you reasonably (even if mistakenly) believed the case had been resolved. Courts look at whether the neglect was genuinely excusable and whether you moved quickly once you learned of the judgment.

2. Newly discovered evidence. Evidence that existed at the time of judgment but that you could not have discovered earlier with reasonable diligence, and that would probably have changed the outcome.

3. Fraud, misrepresentation, or other misconduct by the opposing party. For example, the collector's process server falsely certified that you were served ("sewer service"), or the collector misrepresented the amount owed or the chain of ownership of the debt.

4. The judgment is void. Most often raised when service of process was defective — if you were never properly served under Florida's service statutes, the court never had personal jurisdiction over you, and the judgment can be void regardless of how much time has passed.

5. The judgment has been satisfied, released, or is no longer equitable. Less common in fresh default-judgment cases, but relevant if, for example, the debt was already paid or discharged.

The deadline to file — this is where cases are lost

Timing is where many people miss their chance. A Rule 1.540(b) motion generally must be filed within a reasonable time under the circumstances. For grounds 1–3 above (excusable neglect, newly discovered evidence, and fraud/misrepresentation/misconduct), Florida law also imposes an outer limit: the motion generally must be filed no more than 1 year after the judgment was entered. That 1-year cap does not apply to a motion arguing the judgment is void (ground 4) — a void-judgment challenge, most often for improper service, can be raised later, though you should still move promptly once you learn of the judgment. Because the exact reasonable-time standard is fact-specific and courts apply it differently, do not wait — get advice from a licensed Florida attorney or a legal aid organization as soon as you discover the judgment.

How the motion works, step by step

Step 1 — Get the case file. Contact the clerk of court in the county where the case was filed and request the full docket and file, including the proof of service (affidavit of service) the process server filed. This document is often the key to a service-defect argument.

Step 2 — Identify your strongest ground. Review why you missed the deadline. Were you served at all? Was the address correct? Did you move? Was there a mix-up with someone of a similar name? Match your facts to one or more of the grounds above.

Step 3 — File the motion promptly. A motion to vacate under Rule 1.540(b) is filed in the same case, not a new lawsuit. It should lay out the specific ground, the supporting facts, and — where the ground involves a factual dispute like improper service — typically an affidavit. Some Florida courts also expect you to show you have a meritorious defense to the underlying debt claim (for example, a statute-of-limitations or standing defense) so the court knows vacating the judgment isn't a pointless exercise.

Step 4 — Serve the motion and attend the hearing. The motion must be served on the plaintiff (or its attorney), and the court will typically set a hearing. Be ready to explain, in plain terms, why the judgment should not stand and what your defense to the case would be.

If wages or accounts are already affected

A pending default judgment can lead to wage garnishment or a bank account levy while your motion to vacate is being considered. Florida's head-of-family exemption can protect some or all of a paycheck from garnishment for the primary financial supporter of a household — see the guide linked below. Filing the motion to vacate does not automatically stop collection; ask the court about a stay of execution while the motion is pending if collection has already started.

Why acting fast matters more than which ground you pick

The single biggest factor courts weigh in these motions is how quickly you acted once you learned about the judgment. Someone who discovers a default judgment and files a motion to vacate within days or weeks looks very different, in a judge's eyes, from someone who waits eight months. If you believe a default judgment was entered against you in error, treat the clock as already running — gather the case file and get advice immediately.