The County Civil Department maintains the records and documentation for cases involving eviction lawsuits, small claims, and other civil law suits less than $15,000, car repair disputes, release of personal property and payment information for judgments. For further information, see the Florida Bar website in regards to Tenant rights and Landlord rights.
Frequently Asked Questions
The party who the money is owed must file the case. A parent or guardian may file on behalf of a minor. Only an attorney can file a case in behalf of someone else.
Chapter 83 of the Florida Statutes deals with rental property that is owned and rented to another party. If someone is living in your house and you no longer want him or her there, an eviction may not be the procedure to follow. You may need to contact an Attorney. Call Lawyer Referral Service at +1 (800) 342-8011 for help in locating an Attorney.
You have to sue the owner and driver of the vehicle that hit your car. It would be the responsibility of the owner to bring in their insurance company.
Before the Judge hears a case, he will refer it to Mediation. A mediator will listen to both sides of the case to see if it can be resolved. If you were ordered by the Judge to go to Mediation, you must attend, or further court actions may occur for not attending. If the mediator cannot resolve the case, it may be referred back to the Judge for a final hearing. In some cases, a mediation fee may be assessed.
Several methods can be initiated to attempt collection. A certified copy of a Judgment can be recorded to act as a lien on real property. The judgment is to be recorded with the Department of State. A Writ of Execution may be requested to direct the sheriff to levy on property owned by the defendant. (There is an Issuance Fee for Writs). Garnishment is another option to collect money from a bank account or wages. (Fee required for Garnishment). The Clerk’s Office does not provide forms or assistance for garnishment actions.
The landlord and tenant have obligations set out in Florida Statutes 83.51 and 83.52. If the rental agreement is to be terminated, the statutes also outline the procedures for terminating a rental agreement in Florida Statute 83.56.
After a Judgment is signed and a Writ of Possession is issued and served on the tenant, the tenant has 24 hours to vacate unless the Judge stays the eviction proceedings. The sheriff will authorize the landlord to remove all personal belongings from the house after 24 hours and give possession of the property back to the landlord.
When a judgment is signed, copies of the judgment are mailed out to all parties in the case at the last known address in the court file. If you have moved and did not notify the court of your current address, you may not receive notification of the judgment. If you want to pay the Judgment, you are required to pay the full amount plus interest at the legal rate from the date the judgment was signed. The amount would be paid to the plaintiff or their attorney.
If they cannot be found and you prove that a diligent search has been made, you can deposit the full amount into the Court Registry (plus fees), and then the Clerk’s Office will prepare a Satisfaction of Judgment.
The State of Florida Bureau of Financial Responsibility handles the revocation of driver’s licenses resulting from a judgment. You can contact the Department of Highway Safety and Motor Vehicles Bureau of Financial Responsibility at (850) 488-7135.
There are exemptions as to what the sheriff can and cannot levy on. The Sheriff’s Office, Civil Process Department, will be able to give you more information at (352) 486-5111.
To protect you from any further legal action, the landlord should file a formal eviction. When the sheriff serves the final paperwork (Writ of Possession) on the tenant, the landlord is then authorized to remove anything left in the rental unit. However, due care should be taken in handling disposition of contents.
If you withhold the rent, the landlord will probably file an eviction to have you removed. When you are served with the summons, you will have five (5) working days to file an answer with the Clerk’s Office and deposit all rent that is due into the Court Registry.
The court will then decide on your case. Florida Statute 83.201 refers to withholding rent. If the eviction case is still active and you still live in the rental unit, you must continue to place your rent in the Court Registry each time it becomes due.
Contact the Attorney, if there is one in the case, and see if he/she will agree to a continuance. If not, you may file a request for continuance with the Clerk’s Office for review by the judge.