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What Happens If They Don't Respond to Your Unlawful Detainer Lawsuit?

Once the occupant is served, they have 5 business days (excluding weekends and legal holidays) to file a written response with the court. If that window passes with no response, here's exactly what happens next.

Step 1: You Can Request a Default Judgment

If no response is filed, you may complete and file a Motion for Default with the Clerk of Court. This asks the court to rule in your favor because the other side failed to respond within the legal timeframe.

Step 2: The Non-Military Affidavit

Before a court will sign a default judgment, you'll need to file a Non-Military Affidavit — a sworn statement confirming the occupant is not on active military duty, as required under the federal Servicemembers Civil Relief Act.

Step 3: Judgment for Possession

If everything is in order, a judge signs a Judgment for Possession, legally confirming your right to regain possession of the property.

Step 4: Writ of Possession

The Clerk of Court then issues a Writ of Possession, which authorizes the Sheriff to remove the occupant if they still haven't left voluntarily. Note: this specific fee is not waived by an Indigency Affidavit, even if your earlier filing fees were.

How Long Does This Take?

An uncontested case (no response filed) generally moves faster than a contested one, but exact timelines vary by county and court schedule — there's no fixed universal number of days.

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Your Solution Partner is not a law firm and does not provide legal advice or legal representation. We provide document preparation, research, and informational services only, based on Florida court-approved forms and the facts you provide. No attorney-client relationship is formed.