CIVIL CASES COUNTY COURT

Transcription

1 CIVIL CASES COUNTY COURT Small Claims (SC Cases) All matters involving claims up to and including $5,000 in damages exclusive of interest costs and attorney fees. Civil Claims (CC Cases) All matters involving claims ranging from $5, through 15, in damages, exclusive of interest costs and attorney fees. Animal Custody Dangerous Animals Foreclosures Vehicle Titles Landlord/Tenant Evictions

2 SMALL CLAIMS Types of Small Claims Cases: Auto Negligence Goods Sold Work Done and Materials Furnished Money Lent Promissory Note Return of Stolen Property From Pawnbroker Replevin (Return of Personal Property)

3 SMALL CLAIMS The rules of civil procedure are simplified in small claims proceedings to allow non-lawyers to litigate their matters without the help of an attorney. Forms and additional information is provided by the Clerk s Office. Court Fees vary from $55.00 to $ per case based on the amount of the claim. Service on the Defendant can be completed by the sheriff or process server. Also, the claim may be served on any party within the State of Florida through certified mail return receipt requested.

4 CIVIL CLAIMS $5,001 TO $15,000 Civil ($5,001 to $15,000) Mortgage Foreclosure less than $15,000. Complaint for Interpleader Equity Matters (monetary) Matters involving claims ranging from $5,001 to $15,000 Other Civil (Non-Monetary) Equity Matters (nonmonetary) Control of Animals Injunctive Relief Declaratory Judgment

5 LANDLORD/TENANT Landlord/Action (F. S. 34 and 83) involves the rental of a non - commercial dwelling unit and is an action filed by a landlord against a tenant, or by a tenant against a landlord, concerning common disputes, such as: Payment of Rent Non-compliance of the Rental Agreement Breach of lease or rental agreement If commercial, agricultural or personal property is at issue, the plaintiff should contact an attorney to resolve those disputes.

6 LANDLORD/TENANT NOTICES 3 Day Notice from Landlord to Tenant Termination for Failure to Pay Rent 7 Day Notice with Cure Notice of Noncompliance for Matters other than Failure to Pay Rent 7 Day Notice without Cure Termination for Failure of Landlord to Maintain Premises as Required by F. S (1) or Material Provisions of the Rental A greement Fifteen Day Notice of Possession to Premises Notice from Tenant to Landlord Termination for Failure of Landlord to Maintain Premises as Required by F. S (1) or Material Provisions of the Rental A greement Notice from Tenant to Landlord Withholding Rent for Failure of Landlord to Maintain Premises or Material Provisions

7 LANDLORD/TENANT FILING A CASE Landlord files the two count eviction complaint. If Landlord is not seeking damages, then only one count complaint is required. Filing Fee: $ Each tenant must be served with a five day summons. Posting is acceptable for one count complaint (possession only). Two count complaint requires personal service - $10.00 for issuance and $40.00 (per person) to the Sheriff for service. Two count complaint Tenant has five days to answer Count I Eviction and 20 days to answer Count II Damages No response from the tenant Landlord files a Motion for Default. Final Judgment and Writ of Possession filed - $90.00 to the Sherif f for Service. Landlord reclaims possession!

8 LANDLORD/TENANT TENANT ANSWERS THE COMPLAINT Tenant files a written answer to the Complaint for Possession. Along with the answer, the tenant is required to deposit the amount of rent due into the Registry of Court (including registry fees). Case is set for hearing and notices are sent to parties. The owner/tenant must be present for the hearing. The Judge will decide the case. If eviction is granted, the Landlord must file the Writ of Possession and have it properly served upon the tenant.

9 LANDLORD/TENANT EXTENUATING CIRCUMSTANCES Tenant files an answer but deposits only partial or no rent into the registry of court. Tenant files an answer and alleges there was an agreement to perform work on the property in lieu of rent or alleges that the Landlord failed to maintain the premises. Tenant files Emergency Motion to Stay Eviction Holidays

10 QUESTIONS