To vacate a judgment in Florida, you file a motion under Florida Rule of Civil Procedure 1.540(b) with the court that entered the ruling, showing one of five specific grounds and meeting a strict deadline. The stakes justify the effort: a Florida judgment creates a lien on your real property that lasts 10 years and can be renewed for another 10, and during that time the creditor can garnish your wages, levy your bank accounts, or force the sale of non-exempt property.1Online Sunshine. Florida Statutes 55.10 – Recording of Judgments, Orders, or Decrees, and Effect of Lien Disagreeing with the outcome is not a ground. You need a reason the rule recognizes, and you need proof.
The Five Grounds Under Rule 1.540(b)
Rule 1.540(b) lists the reasons a Florida court can undo a final judgment. Pick the one that fits your facts and build the motion around it.
- Mistake, inadvertence, surprise, or excusable neglect. You had a legitimate reason for not participating. The classic example is never receiving the lawsuit because it went to the wrong address. Serious illness during the response window can also qualify.
- Newly discovered evidence. You found evidence that would likely have changed the outcome and could not have discovered it earlier through reasonable effort. A document sitting in public records the whole time will not qualify.
- Fraud, misrepresentation, or misconduct. The other side cheated to get the judgment — lied under oath, hid documents, or misled the court.
- Void judgment. The court had no authority to enter the judgment. That usually means the court lacked jurisdiction over you or the subject matter, or you were never properly served.
- Judgment satisfied or no longer equitable. The debt has been paid or discharged, or circumstances have changed so that continuing to enforce the judgment would be unjust.
Rule 1.540(b) also preserves a separate route: an independent lawsuit to set aside a judgment obtained through fraud on the court. That action is not bound by the one-year cap discussed below, which matters when fraud surfaces years later.
Extra Requirements If It’s a Default Judgment
Most people looking to vacate a Florida judgment are dealing with a default — the court ruled against them because they never answered the lawsuit. For a default, you generally need to show three things, not one.
First, your failure to respond has to fit within excusable neglect or another 1.540(b) ground. Second, you must have acted with reasonable diligence once you learned about the judgment. Third, and this is where most motions fail, you have to show a meritorious defense. The judge needs to see that you actually have a real argument against the underlying claim. If you owe the money and have no defense, vacating the default accomplishes nothing because you would lose again at trial.
The meritorious defense goes in through a sworn affidavit or a verified answer, depending on whether the defense is factual or purely legal. A vague statement that you “would have fought the case” is not enough. Specifics carry the motion.
Deadlines You Cannot Miss
The clock depends on which ground you use.
- One year from the date the judgment was entered for mistake, excusable neglect, newly discovered evidence, or fraud. This is an absolute cutoff. No extensions.
- A “reasonable time” for a void judgment, a satisfied judgment, or changed circumstances. Courts look at when you learned of the judgment and how quickly you moved after that. Waiting months after discovery without a good explanation reads as unreasonable delay.
Filing the motion does not pause enforcement. The judgment stays fully collectible while the motion is pending unless you take separate steps to stop it.
Preparing the Motion
Your motion needs the full case name and case number, the judgment you want vacated with the date it was entered, and a clear statement of which 1.540(b) ground applies. Tie your facts to that specific ground. Generalized complaints about unfairness will not carry the motion.
Supporting evidence is where the motion is won or lost. A sworn affidavit should lay out the facts behind your claim. For excusable neglect, explain why you did not respond to the lawsuit, how you learned about the judgment, and what you did once you found out. For fraud, Florida courts require competent, sworn evidence. Unsworn allegations are not even enough to open post-judgment discovery.
On a default, prepare a verified answer or a separate affidavit showing your meritorious defense to the underlying claim. Attach the documents that back your story: return-to-sender envelopes proving you never got the summons, hospital records covering the response window, payment receipts if the debt was already satisfied.
Filing and Serving
File your motion and supporting papers with the clerk of the court that entered the original judgment. Florida uses electronic filing through the Florida Courts E-Filing Portal at myflcourtaccess.com. Self-represented filers register an account and select “Self-Represented Litigant” as their filer role.2Florida State Courts. Filing Your Forms
Expect a reopening fee. Florida law allows the clerk to charge up to $50 to reopen a civil case when the motion is filed at least 90 days after the final judgment.3Online Sunshine. Florida Statutes 28.241 – Filing Fees for Trial Courts If you cannot afford filing costs, file an Application for Determination of Civil Indigent Status with the clerk to request a waiver.
After filing, serve copies on the opposing party or their attorney. If the other side has counsel, service goes to the lawyer, not the party. Florida permits service of motions by delivery, mail, or email to the attorney or party at their last known address. Include a certificate of service at the end of your motion stating that you delivered a copy, when, and how. Then contact the judge’s office or judicial assistant to schedule a hearing.
Stopping Collection While the Motion Is Pending
Filing the motion does not stop garnishments, bank levies, or other collection. To halt enforcement of a money judgment, the standard tool is a supersedeas bond. The amount is typically the face value of the judgment plus two years of interest at the statutory rate. Once the bond is posted, enforcement stops automatically without a separate order. The bond can come from a surety company authorized to do business in Florida, or you can deposit cash with the circuit court clerk.
This is a heavy requirement. On a $25,000 judgment, the bond may exceed $27,000. You can ask the court to reduce or waive the bond, but Florida courts have limited discretion to alter bond conditions on purely monetary judgments. If garnishment is active and a bond is out of reach, a short paid consultation with an attorney about emergency options is worth the money.
What Happens at the Hearing
You carry the burden of proof. The judge will not investigate for you or extend the benefit of the doubt. Walk the court through your evidence and connect it to the legal standard for the ground you chose. The other side will argue the judgment should stand, and expect the pushback to concentrate on whether your neglect was truly excusable and whether your defense is genuinely meritorious. Credible explanations tend to share one feature: specific, documented reasons beyond your control.
If the motion is granted, the original judgment is voided. If it is denied, the judgment stands and collection resumes.
What Happens After a Judgment Is Vacated
Vacating a judgment does not end the lawsuit. It rewinds the case to the point before the judgment. If you vacated a default, the case is live again and you need to file an answer and defend on the merits. You have a second chance to participate, not a free pass. Sit out the reopened case and the other side can get a new default, and a second motion to vacate will meet a colder judge.
Cleaning Up Your Credit Report
Credit bureaus will not update your records on their own. Dispute the entry with each bureau reporting it, and include a copy of the order vacating the judgment. Under the Fair Credit Reporting Act, a bureau that receives your dispute must reinvestigate and correct inaccurate information within 30 days of your notice, with a possible 15-day extension if you submit new information during the investigation.4Office of the Law Revision Counsel. United States Code Title 15 Section 1681i – Procedure in Case of Disputed Accuracy If a bureau ignores a valid dispute backed by a court order, you may have a claim under the FCRA.
A Separate Path for Active-Duty Military
Active-duty servicemembers and those recently discharged have a federal route in addition to Rule 1.540(b). The Servicemembers Civil Relief Act requires courts to appoint an attorney for a military defendant before entering a default, and the plaintiff must file an affidavit stating whether the defendant is in the service. When those protections are skipped, the judgment is exposed.
Under 50 U.S.C. § 3931, a court must reopen a default judgment entered against a servicemember during military service or within 60 days of discharge if the servicemember shows two things: that military service materially affected the ability to defend, and that a meritorious defense exists. The application must be filed within 90 days after discharge.5Office of the Law Revision Counsel. United States Code Title 50 Section 3931 – Default Judgments The SCRA and Rule 1.540(b) have separate deadlines and requirements, and depending on the facts, both may be available.