Rule 1.974.Notice of default in certain cases
Division IX: Trial and Judgment · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.974
Plain-English Summary
Rule 1.974 covers a specific gap: a default judgment, other than one in rem, entered against a party who was served by leaving notice with another person under Rule 1.305(1) rather than served personally. Once that kind of judgment is taken, the clerk must immediately mail written notice of it to the defaulted party, either at that party's last known address or the address where service was made, and must record that the mailing occurred.
The rule builds in a safety valve for the judgment itself: if the clerk fails to send this notice, the judgment is not invalidated. The notice is a courtesy step for the defaulted party, not a condition the rule treats as jurisdictional.
Frequently Asked Questions
When does this extra notice requirement apply?
When a default judgment, other than an in rem judgment, is entered against someone served by leaving notice with another person under Rule 1.305(1), rather than served personally.
What must the clerk do once that kind of default judgment is entered?
Immediately mail written notice of the judgment to the defaulted party's last known address, or the address where service was made, and record that the mailing occurred.
Does the clerk's failure to send this notice void the judgment?
No. Rule 1.974 states that failure to give the notice does not invalidate the judgment.
Does this rule apply to in rem judgments?
No. It is limited to judgments other than in rem.
Where does the clerk send the notice if the defaulted party's current address is unknown?
To the party's last known address, or the address where the substituted service was made.