You fill out Florida Form CR2E147 — the Motion for Default (by Court) — by typing the case caption, naming the defaulting defendant, confirming that the defendant failed to file or serve any paper, signing under penalty of perjury, and filing it with the clerk of court along with proof of service. This one-page motion asks the clerk (not the judge) to enter a default when the defendant has never filed anything in the case, which is the fastest path to an uncontested judgment under Florida Rule of Civil Procedure 1.500(b).
Florida courts process tens of thousands of default motions each year, and the Florida Courts E-Filing Portal reports that more than 70% of residential eviction cases end in default because tenants do not respond within the five-day window set by Fla. Stat. § 83.60. A small typo or a missing signature can send the form back, costing days that landlords, creditors, and pro se plaintiffs cannot afford.
Here is what you will learn in this guide:
- 📝 How to complete every line of Form CR2E147 without triggering a clerk rejection
- ⚖️ The legal difference between a court default and a clerk default under Rule 1.500
- 🏠 How CR2E147 works inside an eviction, a small claims case, and a general civil suit
- 🚫 The seven most common mistakes that void a default and how to avoid them
- 📅 Filing deadlines, fees, and the exact steps after the clerk enters the default
What Is Florida Form CR2E147?
Florida Form CR2E147 is the Motion for Default (by Court) used by plaintiffs in Florida county and circuit courts to ask the court to enter a default against a defendant who has not filed any paper or pleading. The form sits inside the family of standardized civil and eviction forms approved by the Florida Supreme Court Forms Workgroup and is used statewide, from Miami-Dade to Escambia County. It is a one-page document, but its legal weight is heavy because it strips the defendant of the right to contest liability.
The form is grounded in Florida Rule of Civil Procedure 1.500(b), which says a party who has filed any paper in the case is entitled to notice and a hearing before a default may be entered against them. That single rule is the reason CR2E147 exists separately from the clerk’s default form. If the defendant has filed even a one-sentence letter, you cannot use the clerk default; you must use CR2E147 and serve it on the defendant.
The consequence of choosing the wrong default form is severe. A default entered without proper notice can be vacated under Rule 1.540(b), and the case will be reopened, often with sanctions against the moving party. A common misconception is that any silence from the defendant equals a default. In reality, silence after service triggers a clerk default, while silence after filing something triggers a court default through CR2E147.
Plain-English Definition
In plain English, CR2E147 is the form a plaintiff uses to tell the judge: “The defendant filed something, but then went quiet, and now I want a default.” It is the bridge between a defendant who showed up briefly and a final judgment. The form does not award money or possession by itself; it only establishes liability. After the default is entered, the plaintiff still has to file a separate Motion for Default Final Judgment, often using a companion form like Form 1.996(a) for civil cases or the eviction final judgment form for landlord-tenant cases.
A real-world example helps. Carlos, a landlord in Tampa, sues his tenant Devon for unpaid rent. Devon files a handwritten letter saying, “I disagree.” Devon then disappears and never files an answer. Because Devon filed a paper, Carlos must use CR2E147, serve Devon by mail, and ask the court — not the clerk — to enter the default. If Carlos had used the clerk’s default form instead, Devon could vacate the judgment months later.
The misconception many pro se litigants hold is that a phone call or email to the plaintiff’s attorney counts as “filing a paper.” It does not. Only documents filed with the clerk through the Florida Courts E-Filing Portal or in person count for Rule 1.500(b) purposes.
CR2E147 vs. CR2E146 (Clerk’s Default)
Florida uses two parallel default forms, and choosing the wrong one is the single most common reason defaults get vacated. Form CR2E146 is the Motion for Default (by Clerk), used when the defendant has filed nothing at all. CR2E147 is used when the defendant has filed something, even a defective or untimely paper.
The plain-English rule is: if the defendant has touched the docket, you need a judge; if the defendant has not, you need the clerk. The consequence of mixing them up is a void default, which means the entire judgment can be unwound under Rule 1.540.
For example, Priya, a small claims plaintiff in Orlando, sues a contractor who files a one-line motion for extension of time and then disappears. Priya must file CR2E147, not CR2E146, because the contractor has appeared in the record. A common misconception is that an untimely filing does not count as an appearance. Florida case law, including Picchi v. Barnett Bank, holds that even a late filing triggers the right to notice.
When You Need to File CR2E147
You file CR2E147 when three conditions are all true at the same time. First, the defendant has been properly served with the summons and complaint under Florida Rule of Civil Procedure 1.070. Second, the defendant has filed at least one paper in the case, no matter how short or defective. Third, the time to file an answer or other responsive pleading has expired without a proper response.
The deadline math depends on the case type. In a general civil case, the defendant has 20 days from service to answer under Rule 1.140. In a residential eviction for non-payment of rent, the tenant has only 5 business days under Fla. Stat. § 83.60. In small claims, the defendant must appear at the pretrial conference under Small Claims Rule 7.090.
The consequence of filing CR2E147 too early is a denied motion and a wasted filing fee. The consequence of waiting too long is more dangerous: the defendant may file an answer in the meantime, and once an answer is on file, the case must proceed to trial. A common misconception is that weekends and holidays count toward the eviction five-day window. They do not, per the plain text of § 83.60.
Eviction Cases
In an eviction, CR2E147 is the engine that drives most non-payment cases to judgment. Once the tenant fails to deposit the disputed rent into the court registry, the landlord can move for default even if the tenant filed an answer, because Fla. Stat. § 83.60(2) deems the tenant’s defenses waived. This is why CR2E147 is the most-filed motion in Florida county courts.
The plain-English rule is: no rent in the registry, no defense, default by the court. The consequence for the tenant is a writ of possession within days. A real-world scenario: Ahmed, a Miami landlord, sues tenant Brittany for $2,400 in unpaid rent. Brittany files an answer denying the debt but does not deposit any money into the registry. Ahmed files CR2E147, attaches a docket sheet showing no registry deposit, and the court enters default within 48 hours.
A common misconception is that the tenant can avoid default by paying the landlord directly during the case. Once the case is filed, payment must go into the court registry per § 83.60(2), or it does not count.
Small Claims Cases
Small claims cases under Florida Small Claims Rule 7.090 require the defendant to appear at a pretrial conference. If the defendant filed a notice of appearance or any pre-conference paper but then fails to show up, the plaintiff uses CR2E147 to ask the judge to default the absent party. The form is filed at the pretrial conference, often on the spot.
The consequence of skipping the pretrial conference is immediate default and entry of judgment for the amount claimed, capped at $8,000 plus costs under Rule 7.010. For example, Janet sues her former roommate for $3,500 in unpaid utilities; the roommate files an answer but skips the pretrial. Janet hands the judge a completed CR2E147 and walks out with a judgment.
A common misconception is that a phone call to the clerk excuses the absence. Only a written motion for continuance, filed before the conference, can preserve the defendant’s right to be heard.
General Civil Cases
In general civil litigation — contract disputes, tort claims, replevin, and similar matters — CR2E147 is filed after the 20-day answer window expires under Rule 1.140. The form must be served on the defendant by mail, email, or the Florida Courts E-Filing Portal, and the defendant must be given a chance to respond before the court enters the default.
The consequence of skipping the service step is a void default. For example, Marcus, a contractor in Jacksonville, sues a client for $45,000 in unpaid invoices. The client files a motion to dismiss, the court denies it, and the client never answers. Marcus files CR2E147 and serves it on the client’s last known address. The court enters default 10 days later.
A common misconception is that email service alone is enough. Florida requires email service through the e-portal and a paper copy if the defendant is not represented, per Rule 2.516.
Step-by-Step: How to Fill Out Form CR2E147
Filling out CR2E147 takes about 10 minutes if you have your case number and the defendant’s filing history in front of you. Pull the blank form from the Florida Courts forms library and open it in a PDF editor or print it for handwriting. The form has six sections, and each one carries its own consequence if filled out wrong.
Before you start, gather four items: the case number, the full legal names of all parties, the date the defendant was served, and a list of every paper the defendant has filed. Without these, the form will be incomplete and the clerk will reject it. The Florida Bar’s pro se guide recommends keeping a one-page case summary at your desk while you draft.
Section 1: Court Caption
The caption sits at the top of the form and identifies the court, county, case number, and division. Write the county in all capital letters — for example, “IN THE COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA.” The case number must match the number on the original complaint exactly, including any dashes, prefixes, and division letters.
The consequence of a wrong caption is rejection by the clerk, which can take three to five days to process and re-file. A real-world example: Lisa writes “Dade County” instead of “Miami-Dade County” and the clerk rejects her motion, costing her four days and the eviction’s momentum.
A common misconception is that the case number is optional on motions filed after the complaint. It is not; Rule 2.520 requires the case number on every filing.
Section 2: Plaintiff and Defendant Names
Type the full legal name of each plaintiff and each defendant exactly as they appear on the complaint. If the defendant is a business, include the corporate suffix — “Acme Plumbing, LLC,” not just “Acme Plumbing.” If there are multiple defendants and only one is in default, list only the defaulting party in the motion’s body, but keep the full caption intact.
The consequence of a name mismatch is a void judgment that cannot be recorded against the defendant’s property or wages. For example, Daniel sues “John Smith” but the actual defendant is “John A. Smith, Jr.”; the default judgment is unenforceable at the sheriff’s office.
A common misconception is that nicknames or DBAs are interchangeable. Florida requires the legal name as it appears in the Sunbiz corporate registry for businesses or on the driver’s license for individuals.
Section 3: Statement of Default
This is the legal heart of the form. The pre-printed text says the defendant has failed to serve or file any paper as required by law. You must verify this is true; if the defendant filed anything, you instead state that the defendant filed a paper but failed to file an answer or other responsive pleading within the time required.
The consequence of a false statement here is severe — it can be perjury under Fla. Stat. § 837.06 and grounds to vacate the default. For example, Renata checks the box saying the defendant filed nothing, but the defendant actually filed a motion for extension. The default is vacated and Renata is sanctioned $500.
A common misconception is that a defective or unsigned filing does not count. It does, under Picchi v. Barnett Bank and its progeny.
Section 4: Certificate of Service
The certificate of service tells the court how, when, and to whom the motion was sent. List the defendant’s name, address, email (if known), and the date of service. Florida requires service by email through the E-Filing Portal for represented parties and by mail for pro se defendants under Rule 2.516.
The consequence of a defective certificate is a void default. For example, Tyrone serves the motion by text message; the court vacates the default because text is not an authorized service method under Rule 2.516.
A common misconception is that service is optional when the defendant has gone silent. It is mandatory whenever the defendant has filed any paper.
Section 5: Signature and Date
Sign and date the form in blue or black ink if filing in person, or apply a digital signature using /s/ plus your typed name if filing through the e-portal. Include your printed name, address, phone, and email below the signature line. If you are an attorney, add your Florida Bar number.
The consequence of an unsigned motion is automatic rejection. Karen uploads an unsigned PDF and the clerk bounces it the same day, costing her a day in an eviction.
A common misconception is that an electronic checkbox signature is enough. Florida requires either a /s/ typed signature or a wet signature scanned at 300 dpi or higher, per Administrative Order AOSC20-23.
Section 6: Proposed Order
Most circuits expect a proposed order attached to the motion. The order should mirror the relief requested and leave blanks for the judge’s signature and the date. Use plain language: “It is ORDERED that a default is entered against [Defendant] for failure to file or serve any paper as required by law.”
The consequence of skipping the proposed order is a delay of one to two weeks while the judge’s chambers drafts one. For example, Ben files CR2E147 without an order and waits 11 days for chambers to act, while a competing tenant files a bankruptcy stay.
A common misconception is that proposed orders are only for hearings. Most Florida judges require them on every motion, contested or not.
Three Real-World Scenarios
The fastest way to understand CR2E147 is to walk through three scenarios you are likely to face. Each scenario shows what the plaintiff did and what happened next, illustrating the consequences of each procedural choice. The scenarios draw on filings publicly available through the Florida Courts E-Filing Portal.
Scenario 1: Non-Payment Eviction with a Tenant Answer
| Plaintiff Move | Court Outcome |
|---|---|
| Landlord Sofia serves a 3-day notice, files complaint, tenant files answer but no registry deposit | Court enters default under § 83.60(2) within 48 hours of CR2E147 filing |
| Sofia attaches docket sheet proving zero registry deposit | Writ of possession issued five days later |
| Sofia uses local sheriff for execution | Tenant removed within 24-48 hours of writ posting |
Scenario 2: Small Claims No-Show
| Plaintiff Move | Court Outcome |
|---|---|
| Plaintiff Marcus sues former contractor for $4,200, contractor files appearance | Pretrial conference set 30 days out |
| Contractor skips pretrial, Marcus hands judge completed CR2E147 | Judge enters default and final judgment same day |
| Marcus records judgment lien through Florida Department of State | Lien attaches to contractor’s non-homestead property statewide |
Scenario 3: Civil Contract Dispute
| Plaintiff Move | Court Outcome |
|---|---|
| Plaintiff Elena sues for $75,000 breach, defendant files motion to dismiss, court denies it | Defendant has 10 days to answer under Rule 1.140 |
| Defendant misses 10-day window, Elena files CR2E147 with proposed order | Court enters default 7 days after service of motion |
| Elena files separate motion for default final judgment with affidavit of damages | Final judgment entered after evidentiary hearing on damages |
Named Examples Throughout the Process
Real names make procedure stick. Below are three named-person examples that show CR2E147 in action across different Florida courts. Each one ends with a takeaway you can apply to your own case.
Maria Gonzalez, a landlord in Hialeah, sues her tenant for $3,200 in back rent. The tenant files a defective answer with no certificate of service. Maria files CR2E147, attaches the docket, and the court enters default in 36 hours. Her takeaway: defective filings still trigger the court-default form, not the clerk default.
David Chen, a small business owner in Tampa, sues a vendor in small claims for $6,800. The vendor files a notice of appearance but skips the pretrial conference. David files CR2E147 at the conference and walks out with a judgment. His takeaway: bring a completed CR2E147 to every pretrial in case the other side no-shows.
Priya Patel, a pro se plaintiff in Jacksonville, sues her former employer for $22,000 in unpaid commissions. The employer files a motion to dismiss, loses, and never answers. Priya files CR2E147 with a proposed order and serves it through the E-Filing Portal. The court enters default in 9 days. Her takeaway: always attach a proposed order to speed up chambers.
Mistakes to Avoid
CR2E147 is short, but the failure points are many. Each mistake below has cost real plaintiffs real money in Florida courts, and each one is preventable with a five-minute review before filing.
- Using CR2E147 when the defendant filed nothing. The consequence is a denied motion and a wasted filing fee; you should have used CR2E146 instead.
- Skipping the certificate of service. The consequence is a void default, vacatable under Rule 1.540.
- Filing before the answer deadline expires. The consequence is a denied motion and a procedural delay; check the calendar twice before filing.
- Wrong case number or caption. The consequence is clerk rejection and a 3-5 day delay, which can be fatal in eviction cases.
- Missing signature or wrong signature format. The consequence is automatic rejection and a same-day bounce from the clerk.
- Forgetting the proposed order. The consequence is a 1-2 week delay while chambers drafts one, during which the defendant can file a late answer.
- Misnaming the defendant. The consequence is an unenforceable judgment that cannot be recorded against assets.
- Serving by an unauthorized method like text or social media. The consequence is void service under Rule 2.516.
- Failing to attach a docket sheet in eviction cases. The consequence is a slower default because the judge cannot verify the missing registry deposit.
- Filing without a Sunbiz lookup for business defendants. The consequence is a name mismatch that breaks lien recording.
Do’s and Don’ts
The do’s and don’ts below distill the most important rules into quick reference points. Each one comes from Florida Rule of Civil Procedure 1.500, Rule 2.516, or local administrative orders.
Do’s
- Do verify the defendant has filed at least one paper before using CR2E147, because the form is reserved for court defaults under Rule 1.500(b).
- Do serve the motion through the E-Filing Portal on represented parties, since email service is mandatory under Rule 2.516.
- Do attach a proposed order, because most Florida judges will not act on a motion without one.
- Do keep a copy of the docket sheet in eviction cases, since it proves the missing registry deposit at a glance.
- Do sign with
/s/plus your typed name when e-filing, as required by AOSC20-23.
Don’ts
- Don’t use CR2E147 when the defendant has filed nothing — that is a clerk default under CR2E146.
- Don’t serve by text or social media, because Rule 2.516 lists only mail, hand delivery, and email portal as authorized methods.
- Don’t file before the answer deadline expires, since premature motions are denied and waste filing fees.
- Don’t assume nicknames or DBAs are acceptable; use the legal name from Sunbiz or a government ID.
- Don’t skip the proposed order, because chambers will sit on the motion for one to two weeks otherwise.
Pros and Cons of Filing CR2E147
CR2E147 is a powerful tool, but it is not always the fastest or cheapest path. The list below weighs the trade-offs.
Pros
- Fast resolution — most defaults are entered within 7-14 days of filing under Rule 1.500(b).
- Low filing cost — most circuits charge no fee for the motion itself, only for the underlying case.
- Strips the defendant’s defenses — a default establishes liability, leaving only damages to prove.
- Works in every case type — eviction, small claims, contract, tort, and replevin all use the same form.
- Preserves appellate rights — the plaintiff can still appeal damage rulings even after a default.
Cons
- Vulnerable to vacatur — defaults can be unwound under Rule 1.540(b) for up to one year on excusable neglect.
- Requires precise service — a single service defect voids the default.
- Does not award damages by itself — a separate motion for default final judgment is required.
- Triggers notice requirements — the defendant gets a chance to respond before the default is entered.
- Can be denied for procedural defects — a missing signature, wrong caption, or bad service all kill the motion.
Key Entities and Their Roles
Florida default practice involves a small cast of repeat players, and knowing each one’s role saves time. The Florida Courts are the venue, the clerk of court is the gatekeeper, and the Florida Bar writes the rules of procedure through the Supreme Court Rules Committee.
The plaintiff is the moving party and bears the burden of proving service and the defendant’s failure to respond. The defendant is the responding party who, if they have filed anything, is entitled to notice and a chance to respond before the default is entered. The judge enters the default in court-default cases under Rule 1.500(b), while the clerk handles clerk defaults under Rule 1.500(a).
Two other entities matter. The Florida Department of State houses Sunbiz, which is the official source for business names. The E-Filing Portal, run by the Florida Courts E-Filing Authority, is the only authorized way to file in most counties.
Filing, Fees, and What Happens After Default
After you file CR2E147, the clerk routes the motion to the assigned judge or magistrate. In most counties, including Miami-Dade, Hillsborough, and Orange County, the motion sits in chambers for 7-14 days before the judge signs the proposed order. There is no filing fee for the motion itself, but the underlying case carries fees ranging from $185 in small claims to $401 in general civil cases under Fla. Stat. § 28.241.
Once the default is entered, the case proceeds in two tracks. In liquidated-damage cases like evictions or fixed-sum contracts, the plaintiff files a motion for default final judgment with an affidavit of damages, and the court enters judgment without a hearing. In unliquidated-damage cases like personal injury, the plaintiff must request an evidentiary hearing on damages, where the defendant has the right to appear and contest the amount.
The defendant has one year under Rule 1.540(b) to move to vacate the default for excusable neglect, a meritorious defense, and due diligence. The consequence of a successful vacatur is a reopened case and, sometimes, sanctions against the plaintiff for sloppy service. Plaintiffs should keep proof of service, the docket sheet, and the signed default order in a single file for at least 13 months.
Court Rulings That Shape CR2E147 Practice
Florida appellate courts have decided dozens of cases that shape how CR2E147 is used. Three are essential reading. Picchi v. Barnett Bank of South Florida, N.A. held that any paper filed by the defendant — even an untimely or defective one — triggers the right to notice under Rule 1.500(b). The consequence is that plaintiffs cannot use the clerk-default form once the defendant has appeared.
Reicheinbach v. Southeast Bank, N.A. held that a default entered without proper notice is voidable, not merely voidable, and can be set aside at any time. The consequence is that a defective certificate of service can unravel a judgment years later. Gallagher v. Dupont reaffirmed that the meritorious defense prong of Rule 1.540(b) requires more than a bare denial; the defendant must plead specific facts.
A common misconception is that older cases no longer apply. They do; Florida’s default doctrine is built on a stable line of cases stretching back to the 1980s, and the Florida Supreme Court has reaffirmed the Picchi rule multiple times.
FAQs
Is CR2E147 the same as a clerk’s default?
No. CR2E147 is the court default used when the defendant has filed at least one paper. The clerk’s default form, CR2E146, is used only when the defendant has filed nothing.
Do I have to serve CR2E147 on the defendant?
Yes. Service is mandatory under Rule 1.500(b) whenever the defendant has filed any paper, and skipping service voids the default and exposes the plaintiff to sanctions and vacatur.
Can I file CR2E147 in an eviction case?
Yes. CR2E147 is the most-used default form in Florida evictions, especially when the tenant files an answer but fails to deposit rent into the court registry under § 83.60(2).
Does CR2E147 award me money damages?
No. The form only establishes liability through default. A separate motion for default final judgment, with an affidavit of damages, is required to recover money under Rule 1.500(e).
Can the defendant vacate a CR2E147 default?
Yes. Under Rule 1.540(b), the defendant has up to one year to move to vacate by showing excusable neglect, a meritorious defense, and due diligence in seeking relief.
Is there a filing fee for CR2E147?
No. Florida does not charge a separate fee for default motions, although the underlying case fees under § 28.241 still apply and range from $185 in small claims to $401 in general civil cases.
Can I file CR2E147 by email?
Yes. All Florida circuits require e-filing through the E-Filing Portal for attorneys and accept e-filing for pro se litigants, although hand-delivery to the clerk is still permitted in most counties.
Do I need a lawyer to file CR2E147?
No. Pro se litigants file CR2E147 every day, especially landlords in eviction cases, although complex civil cases benefit from counsel because of damages-proof requirements.
Is CR2E147 used in family law cases?
No. Family law uses its own default forms under the Florida Family Law Rules of Procedure, and CR2E147 is reserved for civil, eviction, and small claims matters.
Can I file CR2E147 against multiple defendants?
Yes. You can list multiple defaulting defendants in one motion, but you must verify each one has filed a paper and been properly served, since service defects against any one defendant void only that defendant’s default.
Does the judge always grant CR2E147?
No. Judges deny defaults for premature filing, defective service, missing signatures, wrong caption, or evidence the defendant has filed a late answer, so a careful pre-filing review is essential.
How long does it take to get a default after filing CR2E147?
Yes, it is fast in most cases — typical turnaround is 7-14 days in chambers, although evictions often see same-week defaults under § 83.60 once the registry deposit is missed.
Related reading
- How to Fill Out Florida Form 1.913 (w/Examples) + FAQs
- How to Fill Out Florida Form 1.922 (w/Examples) + FAQs
- How to Fill Out Florida Form 7.330 (w/Examples) + FAQs
- How to Fill Out Florida Form CR2E085 (w/Examples) + FAQs
- How to Fill Out Florida Form CR2E114 (w/Examples) + FAQs
- How to Fill Out Florida Form 1.923 (w/Examples) + FAQs
- How to Fill Out Florida Form 12.930(d) (w/Examples) + FAQs