3
Business – You will need the name and address of the person that owns the business.
It is important to style your case correctly: (example)
Bill Jones d/b/a Book World
Bill Jones and Joe Smith, a partnership d/b/a Book World
Book World Inc., a Florida Corporation, d/b/a The Book Store by serving Bill Jones
Book World Inc., by serving John Davis, registered agent
Upon payment of the filing fee, the deputy clerk will assign a case number and judge. You will
be notified of the court date by mail.
HAVING YOUR COMPLAINT SERVED ON THE DEFENDANT:
A copy of the complaint must be legally served on each defendant by the Sheriff or process
server in the county where the defendant resides. Once the case is filed you will be given the
appropriate documents to take to the Sheriff’s Office. The Sheriff’s Office charges $40.00 (per
defendant) to serve the complaint on the defendant(s).
If you do not receive notification of service of the complaint within 2 weeks from the
Sheriff’s Office, you should call the Clerk’s Office to check on the return of service. THE
CLERK’S OFFICE WILL NOT CALL YOU. If the action is returned un-served, you will
need to find a better address or place the person can be served. Request in writing (form
included) an Alias Order to Show Cause and Replevin Notice to Appear.
ORDER TO SHOW CAUSE HEARING /REPLEVIN FINAL HEARING
A date for this hearing will be scheduled when the case is filed and is usually within 2 months
from the date you file your case. Arrive on time and give yourself ample time to find parking and
to find your way to the appropriate courtroom. At this hearing, the Judge will listen to both
sides, review the evidence, and determine who will have possession of the property. Should the
Judge rule for the plaintiff, a Writ of Possession will be signed and you should have it served by
the Sheriff’s Department. The costs for this service will be $90.00 made payable to the Santa
Rosa County Sheriff’s Office.
You may also be awarded a Final Judgment for costs. You may want to research the methods of
collecting on your judgment by searching the Florida Statutes, Chapter 55 or contacting an
attorney.
AFFIDAVIT FOR RESTRAINING ORDER & RESTRAINING ORDER
This can only be used if the person(s) in possession of the property sought is an individual. This
form is not applicable if you are suing a business or corporation. You should only use this form