Last updated: June 2026
This is Part II of our two-part guide on default judgments in Florida. Part I — How to Get Out of a Default in Florida covers the more common situation: setting aside a default or default judgment promptly, usually within the first year. This article addresses the harder question — what relief is available when a year or more has already passed since the default final judgment was entered.
The short answer: the door is not necessarily closed. Florida law caps some grounds for relief at one year, but it places no fixed one-year deadline on a judgment that is genuinely void, on fraud committed on the court itself, or on an independent action to undo an unjust judgment. The catch is that those routes are narrow, fact-intensive, and judged against a separate “reasonable time” standard.
The One-Year Wall — and the Doors Around It
Florida Rule of Civil Procedure 1.540(b) is the primary vehicle for relief from a final judgment after the time for rehearing or appeal has run. The rule lists several grounds for relief, and it treats them differently when it comes to timing:
- Grounds with a hard one-year limit. Relief based on (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence; or (3) fraud, misrepresentation, or other misconduct of an opposing party must be sought within a reasonable time and no later than one year after the judgment was entered. Once that year passes, these grounds are gone.
- Grounds with NO one-year limit. Relief on the basis that the judgment is void, or that it has been satisfied or discharged (or rests on a prior judgment that was reversed or is no longer equitable to enforce), is not subject to the one-year cap. These must still be raised within a “reasonable time,” but a year is not an automatic bar.
- The savings clause. The rule expressly preserves the court’s separate power to entertain an independent action for relief and to set aside a judgment for fraud upon the court — neither of which is bound by the one-year limit.
> ⚠️ Attorney note (do not publish this line): Paraphrased from the current Rule 1.540(b) confirmed 2026-06-03 (Westlaw thru 3/15/2026; Cox 1/1/2026). Grounds and timing unchanged by the 2025 RCP restyle. Confirm before publishing.
So the practical question one year out is rarely “can I just change my mind about the default?” — that ship has usually sailed. It is almost always: is this judgment void, or was it obtained by a fraud on the court?
Relief Beyond One Year: The Independent Action and Fraud on the Court
The most powerful tools for attacking an old judgment live in the savings clause of Rule 1.540(b), because they are not time-barred at one year.
Fraud on the court is a narrow and serious concept. It is not ordinary fraud between the parties (that falls under the one-year ground). It refers to conduct that corrupts the judicial process itself — for example, a scheme that prevents the court from impartially adjudicating the matter, or that subverts the integrity of the proceeding. Because it strikes at the court’s own function, there is no fixed time limit on a court’s power to set such a judgment aside.
An independent action for relief is a separate lawsuit (rather than a motion in the closed case) asking a court of equity to relieve a party from an unjust judgment. It is reserved for situations where enforcing the judgment would be manifestly unconscionable and the moving party had no fair earlier opportunity to defend. The standard is demanding, and equitable defenses such as laches apply.
These routes are not a second chance to relitigate the merits. They exist to correct judgments that should never have been entered — not judgments a party simply now regrets.
When a Default Judgment Is Void: Proving Improper or Missing Service
The most common reason an old Florida default judgment is void — and therefore attackable beyond one year — is defective service of process. A court cannot enter a binding personal judgment against a defendant over whom it never acquired jurisdiction, and proper service is how that jurisdiction is acquired.
Florida draws a critical line between two situations, and it determines everything:
- No service at all = VOID. Where the defendant was never served and received no notice of the lawsuit, the court never acquired personal jurisdiction. The resulting judgment is void and “may be attacked at any time.” See M.L. Builders, Inc. v. Reserve Developers, LLP, 769 So. 2d 1079 (Fla. 4th DCA 2000) (judgment entered with no service on the defendant is void and the delay in moving to vacate “is of no consequence”).
- Defective-but-actual-notice service = VOIDABLE only. Where service was irregular or technically defective but the defendant actually received notice of the proceeding, the judgment is merely voidable — and a voidable judgment generally must be challenged within the one-year window, not years later. See State ex rel. Gore v. Chillingworth, 126 Fla. 645, 171 So. 649 (1936) (drawing the foundational distinction); Decker v. Kaplus, 763 So. 2d 1229 (Fla. 5th DCA 2000) (irregular service that conveyed actual notice rendered the judgment voidable, not void); Cannella v. Auto-Owners Ins. Co., 801 So. 2d 94 (Fla. 2001).
Because the void/voidable line turns on the service statute, the precise requirements of Fla. Stat. § 48.031 matter. In broad strokes, the current statute requires personal delivery of the summons and complaint to the defendant, or substituted delivery left at the defendant’s usual place of abode with a resident who is at least 15 years old, who must be informed of the contents. The statute also now addresses substituted service at private mailboxes and virtual offices, and requires gated communities to admit process servers. Florida courts scrutinize “usual place of abode” closely. See Shurman v. Atl. Mortg. & Inv. Corp., 795 So. 2d 952 (Fla. 2001) (defining “usual place of abode” for abode service); Cordova v. Jolcover, 942 So. 2d 1045 (Fla. 2d DCA 2006) (judgment reversed where abode service did not reach the defendant’s actual residence).
> ⚠️ Attorney note (do not publish this line): § 48.031 paraphrase confirmed against 2025 Florida Statutes (flsenate.gov) 2026-06-03. The old page’s truncated § 48.031(1)(a) block quote was removed; do not reintroduce it. Confirm current text before publishing.
How to Build the Proof
Whether service was defective is decided on evidence, and the burden generally shifts once a return of service appears regular on its face. Practical proof points include:
- The return of service and whether it strictly complied with § 48.031;
- Affidavits and records showing the defendant’s actual usual place of abode at the time (passports, leases, utility bills, travel records — as in Cordova);
- Whether the person who accepted substituted service actually resided at the address and met the age requirement; and
- Whether the defendant ever in fact received notice of the suit.
The “Reasonable Time” Limit — Even for Void Judgments
A frequent misconception is that a void judgment can be attacked literally forever with no downside. While Rule 1.540(b) imposes no fixed one-year deadline on void-judgment claims, motions still must be filed within a “reasonable time.” Long, unexplained delay — particularly where it prejudices the other side, intervening rights have attached, or property has changed hands — can defeat relief even on a colorable voidness argument. The longer a defendant sits on a known judgment, the harder the equities become. Move promptly once the judgment is discovered.
Why Leaving a Default Judgment Standing Is Dangerous
A Florida final judgment is not a piece of paper that fades away. Left in place, it is an active, enforceable debt that the judgment creditor can act on:
- Recording a judgment lien against real property the debtor owns in any county where the judgment is recorded, clouding title and blocking a clean sale or refinance;
- Wage and account garnishment, pulling money directly from paychecks and bank accounts;
- Writs of execution and levy, allowing the sheriff to seize and sell non-exempt personal property; and
- Post-judgment interest that compounds the balance for years, plus the practical credit-reporting consequences.
A Florida money judgment can remain enforceable for many years and can be renewed. That is why vacating a void judgment matters in dollars, not just principle: setting the judgment aside dissolves the lien, stops the garnishment, and unwinds the collection apparatus built on it. If you have been served with a garnishment or discovered a lien tied to a judgment you never knew about, that is often the first sign of a default judgment entered on bad service — and a reason to act immediately.
Talk to a Florida Judgment-Defense Attorney
Attacking a default judgment a year or more after it was entered is one of the most technical areas of Florida civil practice. The difference between void and voidable, the “reasonable time” standard, and the independent-action route all turn on precise facts and current law. If a judgment was entered against you without proper service — or you are facing a lien, garnishment, or levy from a judgment you never had a fair chance to defend — get it reviewed before the collection clock runs further. Call (877) 206-0022 for a free consultation. Zoecklein Law, P.A. represents clients in judgment-defense and post-judgment matters throughout Florida.
Frequently Asked Questions
Can a default judgment be reopened after a year in Florida? Sometimes. Florida Rule of Civil Procedure 1.540(b) bars relief based on mistake, excusable neglect, newly discovered evidence, or an opposing party’s fraud after one year. But there is no one-year deadline for attacking a judgment that is genuinely void (for example, one entered without proper service of process), for setting aside a judgment for fraud upon the court, or for bringing an independent action in equity. Those still must be raised within a “reasonable time.”
What makes a judgment void versus voidable in Florida? A judgment is void when the court never had power to enter it — most commonly because the defendant was never served and the court therefore never acquired personal jurisdiction. A void judgment can be challenged at any time. A judgment is merely voidable when there was some irregularity or defect but the defendant still received actual notice of the case; a voidable judgment generally must be challenged within the one-year window. The distinction traces back to State ex rel. Gore v. Chillingworth (Fla. 1936) and controls whether an old judgment can still be reached.
Is there really no deadline to set aside a void judgment? There is no fixed one-year cutoff, but there is still a “reasonable time” requirement. Unexplained delay — especially where the other side relied on the judgment, property changed hands, or third-party rights attached — can defeat relief even when the judgment is technically void. The safest course is to act as soon as you learn the judgment exists.
How do I prove I was never properly served? Service is governed by Fla. Stat. § 48.031. Improper service is proven with evidence: the return of service, affidavits and records establishing your actual usual place of abode at the time (leases, utility bills, passports, travel records), and proof about who accepted any substituted service and whether they qualified. Florida courts examine “usual place of abode” closely, as in Shurman v. Atlantic Mortgage & Investment Corp. (Fla. 2001) and Cordova v. Jolcover (Fla. 2d DCA 2006).
A default judgment is being used to garnish me — what can I do? Garnishment, liens, and levies are how a creditor enforces a final judgment. If the underlying default judgment is void for lack of proper service, vacating it dissolves the lien and stops the garnishment built on it. Because relief turns on the void/voidable distinction and the “reasonable time” standard, have the judgment and the service record reviewed by a Florida attorney quickly. Call (877) 206-0022 for a free consultation.