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SMALL CLAIMS COURT (Duval County Clerk of Courts)

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SMALL CLAIMS COURT
JODY PHILLIPS, CLERK OF THE CIRCUIT AND COUNTY COURTS
SMALL CLAIMS DEPARTMENT - ROOM 1054
501 WEST ADAMS STREET
JACKSONVILLE, FL 32202
(904) 255-1980
*Information or forms provided by the Clerk of Circuit Court should be considered as basic information
only and may not be applicable to every situation. The information is not intended to be used as legal
advice. Specific guidance as to how to proceed with filing a lawsuit or answering a lawsuit and questions
about your particular situation should be directed to a qualified attorney.*
1
TABLE OF CONTENTS – SMALL CLAIMS
Information Sheet ................................................................................................................ 2-3
Fee Schedule ........................................................................................................................ 4-7
Examples of Listing Entities ..................................................................................................... 8
Small Claims Workflow Chart .................................................................................................. 9
Statement of Claim ............................................................................................................12-23
Statement of Claim .................................................................................................................................................. 12
Statement of Claim – Auto Accident ....................................................................................................................... 13
Statement of Claim – Money Lent ........................................................................................................................... 14
Statement of Claim - Replevin ............................................................................................................................ 15-16
Statement of Claim – Back Wages ........................................................................................................................... 17
Statement of Claim – Co-signer ............................................................................................................................... 18
Statement of Claim - Services Rendered ................................................................................................................. 19
Statement of Claim - $2,500 - $8,000 ...................................................................................................................... 20
Statement of Claim - $8,000 or Less ........................................................................................................................ 21
Statement of Claim - $2,500 or Less ........................................................................................................................ 22
Authorization of Corporate Officer ......................................................................................................................... 23
F
inal Judgment Packets .....................................................................................................24-30
How to Collect on Final Judgments in Duval County .......................................................................................... 25-27
Proof of Claim .......................................................................................................................................................... 28
Affidavit of Non-Military Service and Venue (form and instructions) ................................................................ 29-30
Final Judgment Against Defendant(s) ..................................................................................................................... 31
Final Judgment After Stipulation .......................................................................................32-34
Motion for Final Judgment After Stipulation .......................................................................................................... 33
Final Judgment Against Defendant(s) ..................................................................................................................... 34
Replevin Final Judgment Packet ........................................................................................35-37
Proof of Claim (Replevin) ......................................................................................................................................... 36
Final Judgment (Replevin) ....................................................................................................................................... 37
Fact Information Sheet ......................................................................................................38-44
Exparte Motion for Hearing in Aid of Execution ..................................................................................................... 39
Order for Hearing in Aid of Execution ..................................................................................................................... 40
Fact Information Sheet - Individual .................................................................................................................... 41-42
Fact Information Sheet - Business ...................................................................................................................... 43-44
Generic Forms ...................................................................................................................45-49
Subpoena ................................................................................................................................................................. 46
“Motion to ______” ................................................................................................................................................ 47
Motion for Continuance .......................................................................................................................................... 48
Notice of Dismissal .................................................................................................................................................. 49
Civil Cover Sheet ................................................................................................................10-11
What is a small claims case?
A small claims case is a legal action filed in County Court to settle minor legal disputes among parties where the dollar amount
involved is greater than $0 but less than $8,000.01 excluding costs, interest and attorney fees. Small claims cases should be filed
in the County Civil department located in room 1054 at the Clerk of Courts Office. You can obtain information from the Clerk in
the preparation of your claim by visiting our office during scheduled business hours,
8:00am- 5:00pm, Monday through Friday.
Do I need an attorney?
You are not required to have an attorney. Clerk’s office personnel will provide you with the necessary forms for filing a
small claims case for a fee. However, it is recommended that you seek legal aid if you have questions about civil cases.
Who can file small claims cases?
Any person 18 years or older or any individual doing business as a company can file a small claims case. A parent or guardian may
file on behalf of a minor child. Each person who is a party to the claim must appear at the Clerk’s Office to sign the necessary
paperwork in the presence of a deputy clerk. Forms will also be accepted if they are properly notarized.
How much does it cost to file a new case?
Filing fees for Small Claims actions are determined by Florida Statutes and are subject to change by legislative action. Fees also
vary in accordance with the dollar amount of your claim and the type of action. Please see the attached fee schedule for more
information.
Summons and Service Fees:
Your summons must be served by a certified process server or by certified mail. Service by the Sheriff is $40.00 per defendant in
Duval County and payment is made by separate remittance in cash, cashier’s check or money order made payable to the Duval
County Sheriff. If the defendant does not reside in Duval County, you must contact the Sheriff in the county in which they reside
for service instructions and fees.
If you desire to have your summons served by Certified Mail, you must pay the postal charges incurred by the Clerk. This option
is only available for defendants that reside in the state of Florida.
If the defendant is not served, you may attempt service again by obtaining an alias summons from the Clerk. A fee of $10.00 for
each defendant is required for the issuance of an alias summons. The Sheriff charges $40.00 for service of the summons within
Duval County.
What information do I need to file my case?
The first step is deciding if you want to move forward with your case. Remember, you must prove that the person or business you
are suing owes you something. Do you have proof of the debt such as a receipt, note, bill of sale, warranty or a witness? In
deciding to sue, consider whether you have any evidence. In addition, in order for the court to pass Judgment in your case, you
have to sue the correct entity. The person you file the claim against is called the
“defendant.” If the defendant owns a business which is a sole proprietorship (not incorporated), and your claim is against the
business, you may sue the person and the trade name he or she does business under in the county where
2
the owner resides, regardless of where the business is located. You can get the correct corporate name and the
registered fictitious names of any Florida corporation by visiting www.sunbiz.org
If the defendant is a corporation, you must sue the corporation rather than someone who works for the corporation.
Please note, the Clerk’s office cannot give you legal advice. The Clerk’s office cannot tell you who to sue or offer an opinion
as to the validity of the claim.
What happens after I file my case?
After you file your small claims case, each person or business you are suing must be served with a summons or notice to appear in
court with the date and time of the hearing. You will have the opportunity to take advantage of the County Court Mediation
Program. This program provides you the opportunity to resolve the dispute without returning to court for a trial. You should be
prepared to present your case in court if you and the defendant do not select to mediate the case.
If the dispute cannot be settled at the pretrial conference a trial date will be scheduled by the court for your case to be heard.
You must appear at the trial with all witnesses and documentation of your claim.
At the trial you will have an opportunity to explain your case to the Judge, ask the defendant(s) questions concerning your
claim, present your documentation as discussed at the pretrial conference hearing.
What happens to my case if a settlement is reached?
If at any time in the proceedings a settlement is reached between the parties, the plaintiff must notify the Clerk of Court’s
office in writing of the settlement.
How can I collect my judgment?
The court does not collect money damages on your behalf. You may wish to consult with an attorney for advice on how to collect
your judgment.
An alternative to hiring an attorney is to file your judgment with the Secretary of State. You can find more information at
www.sunbiz.org or call 1-850-245-6000. The Department of State, Division of Corporations Judgment Lien Filings address is P.O.
Box 6250, Tallahassee, FL 32314
Can I file a lien against the defendant’s property?
If you choose to place a judgment lien against an individually owned real property of the defendant’s following the award of a
judgment in your favor, you should obtain a certified copy of your judgment and have it recorded in the official records at the Clerk
of Courts recording division. Fees for recording are set by statute and are subject to change by legislative action. Contact the
Clerk’s office Recording Department for current fees.
3
FEE SCHEDULE
Fee Schedules
Starting July 1, 2009 revised court costs and filing fees will take effect. These changes are set out in
bills passed by the Florida Legislature and signed into law by Gov. Charlie Crist. The text of these bills
may be found below the fee schedule for your convenience. Additional fees may apply.
General Fees
Fee Description Amount
Certifying copies in public record, per instrument $2.00
Copies by photographic in public records not more than 14 in.
by 8.5 in., per page
$1.00
Copies by photographic in public records more than 14 in. by
8.5 in., per page
$5.00
Exemplified certificates, including signing and sealing $7.00
Issuing and filing a subpoena for a witness $7.00
Signing and sealing only $2.00
Sign and seal Clerk's certificate $7.00
Searching of records, each year's search $2.00
Sealing any court file or expungement of record $59.00
Receiving and disbursing all restitution payments, per payment $3.50
Receiving and disbursing all partial payments, other than
restitution payments, for which an administrative process fee
is not imposed, pursuant to FS 28.246, per month
$5.00
Partial payment plan, one-time administrative processing fee in
lieu of a per month charge under paragraph (b)
$25.00
Interest rate per day shall be payable on judgments, decrees,
and restitution
(varies)
Microfilm copies of any public records, 16mm microfilm, roll of
100' or less
$42.00
4
Microfilm copies of any public records, 35mm microfilm, roll of
100' or less
$60.00
Audio tape duplication $5.00
Video tape duplication $10.00
CD/DVD duplication $5.00
County Civil - Transfer of Lien (money)
Fee Description Amount
Transfer of lien (money lien) is equal to sum of all applicable
fees in this table
(see below)
Amount of claim (varies)
(varies)
$500.00
$20.00
$10.00
$10.00
$10.00
Three years interest
Court Costs
Making and serving the certificate
Recording certificate of transfer of lien to bond
Clerk fee for each additional lien
Each additional lien
Each page beyond the first $8.50
5
County Civil - Fee Schedule
Fee Description Amount
Foreclosure w/claim amount up to $25,000
(see Foreclosures
table)
$300.00
$55.00
$80.00
$175.00
$300.00
$130.00
$2.50
$10.00
$295.00
$100.00
$8.50
$70.00
All non-eviction County Civil cases
All small claims up to $100.00
All small claims from $101.00 up to $500.00
All small claims from $501.00 up to $2,500.00
All small claims from $2,501.00 and up to $8,000.00
All small claims up to $1,000.00 w/Replevin
Additional filing fee for each defendant over five
Issuing a summons (each summons)
Cross-claims, counter-claims, third-party claims if relief sought
is over $2,500
Attorney appearing pro hac vice
Bond approval
Foreclosure sale
Foreign judgment - In addition to filing fee for case type $42.00
Court ordered mediation services provided by a circuit court's
mediation program
$60.00
(varies)
$85.00
Postal charges - certified/registered mail
Proceedings of garnishment (writ)
Proceeding of Attachment, Replevin, Distress $85.00
Deposit into court registry - 3% of first $500 plus 1.5% of each
subsequent $100
(varies)
$185.00Removal of tenant action
Reopen civil action for claims up to $500.00 $25.00
6
$50.00
$7.00
Reopen civil action for claims over $500.00
Subpoena (prepare, sign, and seal)
Issuance of writs with a raised seal (Writ of Possession, Writ
of Execution, etc.)
$7.00
County Civil - Transfer of Lien (construction)
Fee Description Amount
Transfer of lien (construction lien) is equal to sum of all
applicable fees in this table
(see below)
Amount of claim (varies)
Three years interest (varies)
(varies)
Attorney fees and court costs - Greater of $1,000 or 25% of
claim
Clerk fee $15.00
Recording fee for certificate $10.00
$10.00Each additional lien
Clerk fee for each additional lien $7.50
Each page beyond the first $8.50
7
SAMPLE OF LISTING ENTITIES
Sample of Proper Entities for Corporation as Plaintiff:
JOHN SMITH & COMPANY, a Florida Corporation
567 Main Street
City, State, Zip
Telephone number
JOHN SMITH & COMPANY, a Florida Corporation
D/B/A SMITH & JONES ENTERPRISES
567 Main Street
City, State, Zip
Telephone number
Sample of Proper Entities for Corporation as Defendant:
JOHN SMITH & COMPANY, a Florida Corporation
C/O: C.T. Corporation system, Registered Agent
234 Main Street
City, State, Zip
Sample of Proper Entities for Sole Proprietorship:
JOHN SMITH d/b/a SMITH COMPANY
567 Main Street
City, State, Zip
Sample of Proper Entities for Partnerships:
JOHN SMITH AND MARY SMITH, co-partners
D/B/A SMITH AND SMITH COMPANY
567 Main Street
City, State, Zip
Sample of proper Entities for Husband and Wife:
JOHN SMITH & MARY SMITH, his wife
567 Main Street
City, State, Zip
Sample of Entity for Minor as Plaintiff:
JOHN SMITH, a minor, by and through his father or
mother Joseph Smith
Sample of Entity for a minor as defendant:
JOHN SMITH, a minor, by and through his father or mother
JOSEPH SMITH (must be served in the presence of a parent or guardian)
8
FILE A STATEMENT OF CLAIM
& CIVIL COVER SHEET
FILE SUMMONS TO BE ISSUED
DEPUTY CLERK ISSUES
SUMMONS WITH A SCHEDULED
PRE-TRIAL CONFERENCE
COURTDATE
PLAINTIFF ENSURES SUMMONS IS SERVED PRIOR TO PRE-TRIAL CONFERENCE
COURT DATE & ENSURES THE RETURN OF SERVICE/ RETURN OF NON-SERVICE
IS FILED WITH COURT PRIOR TO PRE-TRIAL CONFERENCE COURT DATE
DEFENDANT ENTERS
AGREEMENT PLEA AT
PRE-TRIAL CONFERENCE
COURTDATE
DEFENDANT SERVED BUT
DOESN’T APPEAR TO
PRE-TRIAL CONFERENCE
COURTDATE
DEFENDANT ENTERS
DENIAL PLEA AT PRE-
TRIAL CONFERENCE
COURTDATE
PLAINTIFF FILES NON MILITARY
AFFIDAVIT, PROOF OF CLAIM, MOTION
FOR FINAL JUDGMENT, TYPED
PROPOSE FINAL JUDGMENTS WITH
POSTAGE PAID PRE-ADDRESS
ENVELOPES FOR ALL PARTIES IN THE
CASE WITH THE CLERK’S OFFICE.
PLAINTIFF ENSURES A SIGNED,
DATED, WRITTEN SETTLEMENT
AGREEMENT WITH ALL PARTIES
OF CASE IS FILE WITH THE
COURT
COURT SETS TRIAL DATE
OR HEARING DATE
TRIAL/ HEARING HELD
YOU WIN.
PLAINTIFF
SUBMITS
PROPOSE FINAL
JUDGMENTS
WITH POSTAGE
PAID PRE-
ADDRESSED
ENVELOPES FOR
ALL PARTIES IN
THE CASE.
YOUR LOSE.
CASE IS
CLOSED.
CONSULT
WITH AN
ATTORNEY.
DEFENDANT DEFAULTS ON
PAYMENT AGREEMENT
SMALLCLAIMSWORKFLOWCHART
9
FORM 1.997. CIVIL COVER SHEET
The civil cover sheet and the information contained in it neither replace nor supplement the filing and service of
pleadings or other documents as required by law. This form must be filed by the plaintiff or petitioner with the
Clerk of Court for the purpose of reporting data pursuant to section 25.075, Florida Statutes. (See instructions
for completion.)
I. CASE STYLE
IN THE COUNTY COURT OF THE FOURTH JUDICIAL CIRCUIT,
IN AND FOR DUVAL COUNTY, FLORIDA
Case No.: _________________
Judge: ____________________
____________________________________
Plaintiff
vs.
____________________________________
Defendant
II. AMOUNT OF CLAIM
Please indicate the estimated amount of the claim rounded to the nearest dollar $______
III. TYPE OF CASE (If the case fits more than one type of case, select the most definitive category.) If the
most descriptive label is a subcategory (is indented under a broader category), place an x on both the main
category and subcategory lines.
☐ Condominium
☐ Contracts and indebtedness
☐ Eminent domain
☐ Auto negligence
☐ Negligence – other
☐ Business governance
☐ Business torts
☐ Environmental/Toxic tort
☐ Third party indemnification
☐ Construction defect
☐ Mass tort
☐ Negligent security
☐ Nursing home negligence
☐ Premises liability – commercial
☐ Premises liability – residential
☐ Products liability
☐ Real Property/Mortgage foreclosure
☐ Commercial foreclosure
☐ Homestead residential foreclosure
☐ Non-homestead residential foreclosure
☐ Other real property actions
☐ Professional malpractice
☐ Malpractice – business
☐ Malpractice – medical
☐ Malpractice – other professional
☐ Other
☐ Antitrust/Trade Regulation
☐ Business Transaction
☐ Circuit Civil - Not Applicable
☐ Constitutional challenge-statute or ordinance
☐ Constitutional challenge-proposed
amendment
☐ Corporate Trusts
☐ Discrimination-employment or other
☐ Insurance claims
☐ Intellectual property
☐ Libel/Slander
☐ Shareholder derivative action
☐ Securities litigation
☐ Trade secrets
☐ Trust litigation
☐ County Civil
☐ Small Claims up to $8, 000
☐ Civil
☐ Replevins
☐ Evictions
☐ Other civil (non-monetary)
COMPLEX BUSINESS COURT
This action is appropriate for assignment to Complex Business Court as delineated and mandated by
the Administrative Order. Yes ☐ No ☐
IV. REMEDIES SOUGHT (check all that apply):
☐ Punitive
V. NUMBER OF CAUSES OF ACTION: ( )
(Specify)
_________________________________________________________________________
VI. IS THIS CASE A CLASS ACTION LAWSUIT?
☐ Yes
VII. HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED?
No
☐ Yes – If “yes” list all related cases by name, case number and court:
VIII. IS JURY TRIAL DEMANDED IN COMPLAINT?
☐
Yes
I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my knowledge and belief, and
that I have read and will comply with the requirements of Florida Rule of Judicial Administration 2.425.
Signature: _________________________
Attorney or party
FL Bar No.: _______________________
(Bar number, if attorney)
_______________________
(Type or print name)
Date: _______________________
☐ No
☐ No
☐ No
___________________________
_____________________________________________________________________________
☐ Monetary;
☐ Non-monetary declaratory or injunctive relief;
STATEMENT OF CLAIM
The Plaintiff _____________________________ sues the Defendant __________________________and alleges:
1. This is an action for damages which do not exceed the sum of $8,000, exclusive of interest and costs.
2._____________________________________________________________________________________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
WHEREFORE Plaintiff demands Judgment in the sum of $
VS.
NAME:
ADDRESS:
CITY, STATE:
EMAIL:
TELEPHONE:
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NUMBER:
DIVISION:
NAME:
ADDRESS:
CITY, STATE:
EMAIL:
TELEPHONE:
(Signature)
(Print Name)
_______________________________________
_______________________________________
VS.
The Plaintiff sues the Defendant and says: On or about _______________________________________, in the vicinity of
________________________________________________________________________________, on a public highway in Duval
County Florida, Plaintiffs motor vehicle, being operated by ____________________________________, collided with the
Defendant’s motor vehicle, being operated by ____________________ _______________________________________ and the
collision with the Plaintiff’s vehicle was caused by the negligent and careless operation of Defendant’s vehicle, whereby Plaintiff’s
vehicle was damaged and depreciated in value.
WHEREFORE Plaintiff demands Judgment in the sum of $ ____________ plus court costs.
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NUMBER:
DIVISION:
STATEMENT OF CLAIM
(Auto Accident)
NAME:
ADDRESS:
CITY, STATE:
EMAIL:
TELEPHONE:
NAME:
ADDRESS:
CITY, STATE:
EMAIL:
TELEPHONE:
(Signature)
(Print Name)
_______________________________________
_______________________________________
The Plaintiff(s) sues the Defendant(s) and alleges:
1. This is an action for damages which does not exceed the sum of $8,000, exclusive of interest and costs.
2. There is now due, owing and unpaid from the defendant to the Plaintiff $________________ for money lent by the Plaintiff
to the Defendant on __________________________________________, with interest thereon since _________________________
___________________________________________________________________.
VS.
WHEREFORE Plaintiff demands Judgment in the sum of $____________ plus interest and court costs
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NUMBER:
DIVISION:
STATEMENT OF CLAIM
(Money Lent)
NAME:
ADDRESS:
CITY, STATE:
EMAIL:
TELEPHONE:
NAME:
ADDRESS:
CITY, STATE:
EMAIL:
TELEPHONE:
(Signature)
(Print Name)
_______________________________________
_______________________________________
This is an action in replevin and Plaintiff alleges:
1. That he is the agent of the above named Plaintiff and that Plaintiff is/are lawfully entitled to the
possession of the following described personal property located at _____________________________________
________________________________________________________________ in Duval County Florida, to wit
_________________________________________________________________________________________.
2. Defendant came into possession of the above said goods by virtue of ___________________________
_________________________________________________________________________________________.
3. To the best of my knowledge, information and belief the value of the said property is the sum of
$________________ , that said property has not been taken for any tax assessment of fine levied by virtue of
any law of the State of Florida, nor seized under any execution or attachment against the goods and chattels
of said Plaintiff liable to execution and that the above named Defendant has/have possession of the above
described personal property and wrongfully detains the same from Plaintiff in the County of Duval, State of
NAME:
ADDRESS:
CITY,STATE:
EMAIL:
TELEPHONE:
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NUMBER:
DIVISION:
STATEMENT OF CLAIM
(In Replevin)
NAME:
ADDRESS:
CITY, STATE:
EMAIL:
TELEPHONE:
vs.
Florida.
4. That said Plaintiff is the owner of said personal property and entitled to the possession thereof by
virtue of __________________________________________________________________________________
______________________________________________________that said Defendant in Duval County, Florida
wrongfully detains from said Plaintiff said personal property of the value as aforesaid; that said Plaintiff made
demand upon said defendant for possession of said personal property prior to the institution of this claim, yet
said Defendant continues to wrongfully withhold possession thereof from said Plaintiff for the reason
being _____________________________________________________________________________________
_________________________________________________________________________________________.
WHEREFORE Plaintiff demands judgment and for damages for the detention of it against defendant.
(Signature)
(Print Name)
_______________________________________
_______________________________________
The Plaintiff sues the Defendant(s) and alleges:
1. This is an action for damages which does not exceed the sum of $8,000, exclusive of interest and costs.
2. There is now due, owing and unpaid from the Defendant to the Plaintiff monies in the sum of
$_________________________ , which represents ________________________________ pay for on or about
_______________________________________ through ___________________________________________.
3. Although Plaintiff has made numerous demands to Defendant for payment, Defendant has failed and or
refused to pay said monies. All as evidence by copies of exhibits attached hereto and made a part hereof.
NAME:
ADDRESS:
CITY, STATE:
EMAIL:
TELEPHONE:
VS.
NAME:
ADDRESS:
CITY, STATE:
EMAIL:
TELEPHONE:
WHEREFORE Plaintiff demands Judgment in the sum of $____________ plus court costs.
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NUMBER:
DIVISION:
STATEMENT OF CLAIM
(Back Wages)
(Signature)
(Print Name)
_______________________________________
_______________________________________
The Plaintiff sues the Defendant(s) and alleges:
1. This is an action for damages which does not exceed the sum of $8,000, exclusive of interest and costs.
2. That on or about _______________________________ , the Defendant did execute a loan in the amount of
_________________________. The Plaintiff was co-maker on said loan and when the Defendant defaulted in
the payments on said loan the Plaintiff was obligate to pay, as evidence per the attached.
3. Therefore, Plaintiff seeks to recover from the Defendant monies in the amount of $___________________,
to cover the portion of the loan paid by the Plaintiff.
WHEREFORE Plaintiff demands judgment in the sum of $ _____________ plus court costs.
NAME:
ADDRESS:
CITY, STATE:
EMAIL:
TELEPHONE:
VS.
NAME:
ADDRESS:
CITY, STATE:
EMAIL:
TELEPHONE:
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NUMBER:
DIVISION:
STATEMENT OF CLAIM
(Co-Signer)
(Signature)
(Print Name)
_______________________________________
_______________________________________
The Plaintiff(s) sue the Defendant(s) and alleges:
1. The is an action for damages which does not exceed the sum of $8,000, exclusive of interest and costs
2. Plaintiff is seeking to recover monies due from the Defendant for __________________________________
__________________________________________________________________________________________
services rendered at Defendant’s request on or about _____________________________________________.
3. There is currently due, owing and unpaid the sum of $__________________ for said services as evidence
per the attached.
NAME:
ADDRESS:
CITY, STATE:
EMAIL:
TELEPHONE:
VS.
NAME:
ADDRESS:
CITY, STATE:
EMAIL:
TELEPHONE:
WHEREFORE Plaintiff demands Judgment in the sum of $____________ plus court costs.
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NUMBER:
DIVISION:
STATEMENT OF CLAIM
(Services Rendered Upon Defendants Request)
(Signature)
(Print Name)
_______________________________________
_______________________________________
NAME:
ADDRESS:
CITY, STATE:
EMAIL:
TELEPHONE:
VS.
NAME:
ADDRESS:
CITY, STATE:
EMAIL:
TELEPHONE:
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NUMBER:
DIVISION:
(Signature)
(Print Name)
_______________________________________
_______________________________________
STATEMENT OF CLAIM
(Money due rerdn orl ren reeen or renl or ue o ree)
The Plaintiff(s) sue the Defendant(s) and alleges:
This is an action for damages which does not exceed the sum of $8,000, exclusive of interest and costs. 1.
Plaintiff is the owner of those certain premises more commonly known as ___________________________,
Duval County, Florida. Plaintiff is seeking to recover monies due from the Defendant for the rental and use of
the said premises.
2. There is now due and owing from the Defendant $_________________________ for a period covering
___________________ to ____________________ under an oral/written agreement to pay monthly rental of
_________________________. Defendant vacated said premises on ______________________ leaving said
rents due and owing.
WHEREFORE Plaintiff demands Judgment in the sum of $____________ plus interest and court costs.
The Plaintiff(s) sue the Defendant(s) and alleges:
1. This is an action for damages which does not exceed the sum of $8,000, exclusive of interest and costs.
2. On or about ____________________________________________ , Defendant vacated the premises more
commonly
known as ___________________________________ , Jacksonville, Duval county, Florida, being rented by the defendant
at a monthly rental rate of $ _________________________________ , as per copy of rental agreement attached hereto.
3. Upon vacating said premises, Defendant left monies due and owing in the amount of $_________________________
as rents for _________________________________________ to ____________________________________________.
4. Therefore, Plaintiff is seeking to recover monies due for rent of said premises in the sum of $___________________.
5. That during said tenancy of the Defendant certain damages were noted by the Plaintiff upon Defendant’s vacating
NAME:
ADDRESS:
CITY, STATE:
EMAIL:
TELEPHONE:
VS.
ADDRESS:
CITY, STATE:
EMAIL:
TELEPHONE:
the premises. Plaintiff is seeking to recover from the Defendant(s) monies in the amount of $________________ ,
which represents the damages to wit.
WHEREFORE Plaintiff demands Judgment in the sum of $____________ plus court costs.
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NUMBER:
DIVISION:
NAME:
(Signature)
(Print Name)
_______________________________________
_______________________________________
STATEMENT OF CLAIM
(Money due or renl or ue o ree without notice with an agreement attached)
1. This is an action for damages which does not exceed the sum of 2,500/8,000, exclusive of interest and costs.
2. On or about __________________________________________Defendant vacated the premises known as
_____________________________________ Jacksonville, Duval County, Florida, being rented by Defendant
at a monthly rental rate of $__________________________ thereby breaking the least agreement attached
hereto.
3. Upon vacating said premises without proper notice, Defendant left rents due and owing in the amount of
$_________________ representing ____________________________________________________________.
4. Therefore, Plaintiff is seeking to recover monies due for Defendant’s portion of the rent.
5. Plaintiff seeks to recover the additional amount of $___________________ representing Defendant’s
portion of _____________.
_______________________________________
(Signature)
NAME:
ADDRESS:
CITY, STATE:
EMAIL:
TELEPHONE:
WHEREFORE Plaintiff demands Judgment in the sum of $____________ plus court costs.
_______________________________________
(Print Name)
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NUMBER:
DIVISION:
vs.
The Plaintiff(s) sues the Defendant(s) and alleges:
NAME:
ADDRESS:
CITY, STATE:
EMAIL:
TELEPHONE:
STATEMENT OF CLAIM
(Money due for vacating premise without notice with an agreement attached)
AUTHORIZATION OF CORPORATE OFFICER
___________________________ is an employee of ______________________________. This individual has
authority to represent the corporation at any stage of the trial court proceedings, including mediation.
The undersigned giving the authority is an officer of the corporation. Pursuant to section 92.525, Florida
Statutes, under penalty of perjury, I declare that I have read the foregoing Corporate Authorization and that
the facts stated in it are true.
Date: ______________________
SIGNING AUTHORITY: ____________________________________________________________
Print name and title: _____________________________________________________________
(President, Vice-President, Secretary, Treasurer)
Address: _________________________________________
Phone number: ___________________________________
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NUMBER:
DIVISION:
Plaintiff(s)
Defendant(s)
VS
FINAL
JUDGMENT
PACKET
COUNTY COURT DIVISION JUDGE
501 WEST ADAMS STREET
JACKSONVILLE, FL 32202
RETURN COMPLETED PACKET WITH ENVELOPES:
1 ENVELOPE ADDRESSED TO YOU
1 ENVELOPE ADDRESSED TO EACH DEFENDANT
**Return address not required
24
HOW TO COLLECT ON FINAL JUDGMENTS IN DUVAL COUNTY
What is a judgment?
A judgment must be a final order from a Florida State Court or from a United States District Court in Florida. To be
“final,” the judgment must contain conclusive and customary language establishing that judicial labor is at an end and the order
is truly dispositive and final. Because execution is not permitted on judgments that do not determine with finality the rights and
liabilities of the parties, the “Final Judgment” must not leave questions open for judicial determination.
Below lists basic steps to collect your judgment assuming you obtained it in Duval County Small Claims Court against a person
who lives in this county. The procedures, laws and rules on collecting judgments are complicated and they are easy to mistake. If
in doubt, consult your attorney or call the Jacksonville Bar Association Lawyer Referral Service at: (904) 399-5780.
IMPORTANT: YOU MUST FOLLOW STEPS 1 THROUGH 3 BELOW TO PROTECT YOUR JUDGMENT RIGHTS. FLORIDA AND FEDERAL LAW
MAY PROTECT MANY OF THE DEFENDANT'S ASSETS (INCLUDING WAGES) FROM YOUR COLLECTION EFFORTS. FAILURE TO COMPLY
WITH THESE LAWS COULD RESULT IN PROBLEMS FOR YOU IN COLLECTING YOUR JUDGMENT. YOU MAY CHOOSE TO CONSULT WITH
AN ATTORNEY TO AVOID THESE PROBLEMS. PLEASE REMEMBER CLERKS, SHERIFF’S OFFICE, LAW LIBRARIANS, JUDGES AND JUDICIAL
ASSISTANTS CANNOT GIVE YOU LEGAL ADVICE.
STEP 1: CERTIFY YOUR JUDGMENT. You can purchase a certified copy of your judgment from the Clerk of
Court Official Records Department. You will need to have your case number available for the clerk in order to obtain the copies.
The Clerk’s office charges $1.00 per page and $2.00 for certification. For more information please see section 55.10 (1) Florida
Statutes.
STEP 2: RECORD YOUR JUDGMENT. Call or visit the Recording Department (904-255-2000) in the Duval County
Courthouse, room 1046, and have your judgment recorded as an official record of the county as a lien (a claim or charge on property
for the payment of debt) against any real property owned by the defendant. For more information see 55.10(1), Florida Statutes.
The charge for recording your judgment is $10.00 for the first page and $8.50 for each additional page. Fees for recording are set by
Statute and are subject to change by legislature. Please note the following:
A. Your judgment is NOT a lien against real property unless a certified copy is recorded.
B. A judgment lien is valid for 10 years, but can be renewed twice by recording it within 90 days of the end of the 10 year
period.
C. From the time a judgment is signed it bears interest, even if the defendant owns no property now, he or she may
acquire property at a later date.
D. In order to be a valid lien the judgment must have the defendant’s address on it. For more information,
see section 55.10(1), Florida Statutes.
STEP 3: WRIT OF EXECUTION. A writ can be obtained 10 days after the date your judgment is entered by the court.
A writ of execution will command the Sheriff to take the property of the defendant in order to satisfy the judgment debt. The Clerk’s
office charges $7.00 for the issuance of the writ. After the clerk issues your writ and returns it to you, you will contact the Duval
County Sheriff’s Office for more information on your next step. They can be reached at (904) 630-2141. Before having your writ
issued please consider the following:
A. Before obtaining the Writ of Execution, you should find out from the Sheriff’s office if there are any other judgments
“docketed” against the defendant prior to yours. If there are other judgments entered prior to yours, then money from
property seized will first be used to pay prior judgments.
B. If there are numerous prior judgments, it may not be worth your while to start seizing assets that would be used to
pay others.
C. If the amounts of prior judgments are not excessive, you should request your judgment be docketed.
D. For more information, see section 56.021, Florida Statutes and section 56.041, Florida Statutes.
25
STEP 4: WRITE A DEMAND LETTER. Write a demand letter to the defendant reminding him/her that a judgment
has been entered in your favor and request payment of the judgment amount. If the defendant pays in full, then you MUST file a
“Satisfaction of judgment” with the Recording Department at the Clerk’s office and provide the defendant with a copy. The charge
for recording the Satisfaction of Judgment is $10.00 for the first page and $8.50 for each additional page.
STEP 5: IDENTIFY AND LOCATE THE DEFENDANT’S ADDRESS. Pursuant to section 56.061, Florida
Statutes the defendant’s bank accounts, motor vehicles, boats, stocks and bonds, real estate and business are subject to execution.
If you do not know about any of the defendant’s assets or if the defendant has attempted to hide them, follow step six and look in
the following places:
A. County property appraiser’s office (904) 630-2011, for real estate.
B. Clerk of Court’s Official Records (904) 255-2000, for more information on real estate bought or sold.
C. Division of Corporations (850)488-9000, for information on business’ in which the defendant is involved.
D. Division of Motor Vehicles for information on vehicles owned by the defendant, located on 107 Gaines
Street, Tallahassee, Florida 32304
E. County Tax Collector (904) 630-1464 for information on any boats the defendant owns
STEP 6: SCHEDULE A “HEARING IN AID OF EXECUTION” This can be done 30 days after the date of
your judgment and forces the person you have a judgment against to bring all of his or her financial records for you and the judge
to see.
A. File a written motion known as an “Ex parte Motion for Hearing in Aid of Execution” with the judge you received
your judgment from. At the end of this packet, there is an example motion to assist you. Be sure to include the “Fact
Information Sheet” as well
B. The Court will set a hearing and send you and the defendant a notice of the date and time.
C. At the hearing, you can ask the defendant questions about his/her financial condition and assets and look at the
documents that the defendant has brought to court. Important information to get at this hearing includes the
defendant’s bank account numbers, any lands or tenements that the defendant owns, vehicle serial numbers and any
other goods or chattels (movable things or money).
D. Exempt property- Florida law exempts much of the defendant’s property from seizure. The following property may
not be taken to satisfy a judgment:
1. A person’s homestead, which may be one-half acre in municipality or 160 acres of contiguous land outside
of a municipality. See section 222.01, Florida Statutes.
2. Wages of the head or household. See section 222.11, Florida Statutes.
3. Personal Property up to $1,000. Article 10, Section 4 of the Florida Constitution.
4. Life insurance proceeds. Section 222.14, Florida Statutes
5. Disability benefits. Section 222.18, Florida Statutes.
STEP 7: LEVY OR GARNISHMENT: Both of these methods are expensive and very complicated. We strongly
recommend that you consult with an attorney to employ these methods. However, if you want to do it yourself, go to the
courthouse library and ask for information on creditor’s rights, collection of judgments, sheriff’s levy’s and garnishments.
A. Levy- after securing an execution, this document will be transferred upon the payment of the fee to the Sheriff’s
Office. The Sheriff’s Office will then levy upon the property of the defendant. Contact the Sheriff’s office for a list of
fees.
1. If you want the Sheriff to seize the property and hold a public sale of it, please contact JSO. They can
be reached at (904) 255-2470 or 501 West Adams Street, room 5141, Jacksonville, Florida 32202.
2. Fill out instructions for levy. There is a large fee connected to this service so the property will need to have
value for this procedure to be worthwhile.
3. Make sure that before you seize a car or other motor vehicle you should find out from the
Department of Motor Vehicles if there is a lien on the vehicle. If there is, the lien will have a priority over your
claim. For more information see sections 30.15, 30.17 and 30.231 and 30.30, Florida Statues.
26
B. Garnishment- You can file a claim, called a garnishment, against a bank, employer or anyone else who is holding money
that belongs to the defendant.
1.
First, file a “Motion for Writ of Garnishment” or Motion for Continuing Garnishment (if against an employer).
You should
seek an attorney if you would like to file a Continuing Garnishment as we do not offer any forms.
2. You must file the motion with the County Court division. The Clerk charges $85.00 to file this motion. The
clerk will then ask the Garnishee (the bank, etc.) if it is holding any property or assets of the defendant and if anyone
else is making claims on it.
3. The bank, etc. must answer the Court or it may be responsible to pay the debt itself. For more information
see section 77.06, Florida Statutes.
4. Within 5 days of receiving an answer from the bank, etc., or other third party you must send a notice to the defendant
along with copies of the Writ of Garnishee’s answer to the defendant and anyone listed in the answer
which might have an interest in the property.
5. You must file a copy of this notice with the Court certifying that it has been sent. For more information see
section 77.055, Florida Statutes.
6. After the notice to the defendant has been sent, the defendant has 20 days to object or assert exemptions.
If there is any objection to a garnishment a trial will need to be held and you will probably need the services of an attorney.
Section 77.07, Florida Statutes.
7. If the garnishee files an answer admitting it holds property and there are no issues to resolve, you can file an
“Acceptance of Garnishee’s Answer” and motion for final judgment approving garnishment.
8. Remember, there are very specific time requirements involved in this procedure. See chapters 77 and 222,
Florida Statutes.
27
STATE OF FLORIDA
COUNTY OF DUVAL
Before me, the undersigned authority, personally appeared _____________________________
____________________________ who, being first dully sworn, deposes and says; that he (she)(they) is
(are) the Plaintiff(s) or Plaintiff’s agent named in the Statement of Claim filed herein; that the balance
due to the plaintiff(s) from the Defendant(s) is the sum of $______________________ , plus court
costs, which is a true and correct statement of the account as of
_____________________________________ and that no set-offs exist. This action has been brought in
Duval County where venue is proper. At Jacksonville, Florida this ________________ day of
________________, _______________.
(Signature)
(Print Name)
SWORN TO AND SUBSCRIBED BEFORE ME
THIS ______ DAY OF _________ , _________
who is personally known to me/or produce
____________________________________ as
identification, and who did/did not take an oath.
JODY PHILLIPS
CLERK OF THE CIRCUIT AND COUNTY COURT
DUVAL COUNTY, FLORIDA
BY: ___________________________________
DEPUTY CLERK
PROOF OF CLAIM
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NUMBER:
DIVISION:
Plaintiff(s)
VS
Defendant(s)
_______________________________________
_______________________________________
INSTRUCTIONS FOR
AFFIDAVIT OF
NON-MILITARY STATUS
An affidavit of Non-Military is a sworn statement stating that- to the best of your
knowledge you know that the defendant(s) are not currently in the military
service. Without the non-military affidavit, the Judge will not accept the default.
A default CANNOT be entered against a person in the military. If a defendant is
in the military you are required to motion to the courts asking the Judge to
appoint and Attorney Ad-Litem. This is an attorney who will appear on behalf of
the person who is in the military. If the defendant is not in the military you will
need to state where the defendant is employed or what type of work they
perform.
29
AFFIDAVIT OF NON-MILITARY SERVICE AND VENUE
STATE OF FLORIDA
COUNTY OF DUVAL
Before me, the undersigned authority personally appeared ___________________________________ who is
being duly sworn, deposes and says: that he (she) (they) is (are) the Plaintiff(s) or Plaintiff’s agent named
in the Statement of Claim filed herein, that the Defendant __________________________________________
is not now in the military service of the United States of America, that said Defendant lives at the specific
street address of ____________________________________________________________________________
and is employed at __________________________________________________________________________
this action Has been brought in Duval County where venue is proper.
(Signature)
SWORN TO AND SUBSCRIBED BEFORE ME
THIS ______ DAY OF _________ , _________
(Print Name)
who is personally known to me/or produce
____________________________________ as
identification, and who did/did not take an oath.
JODY PHILLIPS
CLERK OF THE CIRCUIT AND COUNTY COURT
DUVAL COUNTY, FLORIDA
BY: ___________________________________
DEPUTY CLERK
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NUMBER:
DIVISION:
Plaintiff(s)
VS
Defendant(s)
_______________________________________
_______________________________________
It is adjudged that the Plaintiff(s) _________________________________________________________
___________________________________________________________________________________ recover
from the Defendant(s), _______________________________________________________________________
__________________________________________________________________________________________
the sum of $____________________ on principal, $__________________________ , as prejudgment interest.
$__________________ for attorneys’ fees, with cost of $__________________ , all of which shall bear interest
the rate of______________________ % and will adjust in accordance with section 55.03 Florida Statutes,
for all which let execution issue.
ORDERED at Jacksonville, Duval County, Florida, on _________________________.
Copies furnished to:
Plaintiff(s)’s address:
________________________________
COUNTY COURT JUDGE
_________________________________
_________________________________
Defendant(s)’s last known address:
_________________________________
_________________________________
FINAL JUDGMENT AGAINST DEFENDANT(S)
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NUMBER:
DIVISION:
Plaintiff(s)
VS
Defendant(s)
FINAL JUDGMENT
AFTER
STIPULATION
32
The Plaintiff(s) in the above styled causes hereby moves the Court for the entry of a Final
Judgment against the Defendant(s) herein. The Defendant(s) has/have not complied with the terms of
the Stipulation of payments entered herein on ______________________________________________.
There is now due and owing to the Plaintiff(s) from the Defendant(s) the sum of
$________________________ , plus court costs in the amount of $___________________ , for a total amount
due in the sum of $_____________________.
Payments have been made by the Defendant(s) as follows:
__________________________________________________________________________________________
_________________________________________________________________________________________.
DATED at Jacksonville, Florida this ___________ day of ____________ , ________________.
(Signature)
_______________________________________
(Print Name)
SWORN TO AND SUBSCRIBED BEFORE ME
THIS ______ DAY OF _________ , _________
who is personally known to me/or produce
____________________________________ as
identification, and who did/did not take an oath.
JODY PHILLIPS
CLERK OF THE CIRCUIT AND COUNTY COURT
DUVAL COUNTY, FLORIDA
BY: ___________________________________
DEPUTY CLERK
MOTION FOR FINAL JUDGMENT AFTER STIPULATION
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NUMBER:
DIVISION:
Plaintiff(s)
VS
Defendant(s)
_______________________________________
FINAL JUDGMENT AGAINST DEFENDANT(S)
It is adjudged that the Plaintiff(s) ________________________________________________________________
___________________________________________________________________________________ , recover from the
Defendant(s) _______________________________________________________________________________________
_________________________________________________________________________________________ the sum of
$________________on principal, $_______ , as prejudgment interest. $______________ for attorneys’ fees with cost of
$___________ , all of which shall bear interest the rate of ______________ % and will adjust in accordance with section
55.03 Florida Statutes for all of which let execution issue.
ORDERED at Jacksonville, Duval County, Florida, on _________________________.
___________________________________
COUNTY COURT JUDGE
Copies furnished to:
Plaintiff(s)’s address:
____________________________
____________________________
Defendant(s)’s last known address:
____________________________
____________________________
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NUMBER:
DIVISION:
Plaintiff(s)
VS
Defendant(s)
REPLEVIN FINAL
JUDGMENT PACKET
(FOR PERSONAL PROPERTY)
MAIL TO:
COUNTY COURT JUDGE
501 WEST ADAMS STREET
JACKSONVILLE, FL 32202
RETURN COMPLETE PACKET WITH ENVELOPES:
1 ENVELOPE ADDRESSED TO YOU
1 ENVELOPE ADDRESSED TO EACH DEFENDANT
**RETURN ADDRESS NOT REQUIRED
35
PROOF OF CLAIM (REPLEVIN)
STATE OF FLORIDA
COUNTY OF DUVAL
Before me, the undersigned authority, personally appeared __________________________________________
_______________________________________ who being first duly sworn, deposes and says; the he (she) (they) is (are)
the Plaintiff(s) or Plaintiff’s agent named in the Statement of Claim filed herein; that the balance due to Plaintiff(s) from
the Defendant(s) is the sum of $_____________________, plus court costs, which is a true and correct statement of the
account as of __________________________________________________________ and that no set-offs exist.
This action has been brought in Duval County where venue is proper. At Jacksonville, Florida this ____________ day of
____________,______________.
Further that the Plaintiff(s) is (are) entitled to possession of the personal property which is the subject of this suit; that
the Plaintiff(s) has (have) made demand upon Defendant(s) for possession of said personal property, but Defendant(s)
refuses to surrender possession to the Plaintiff(s), and wrongfully retains possession of said property;
This action has been brought in Duval County where venue is proper. At Jacksonville, Florida this _____________day of
__________,____________.
_________________________________________
(Signature)
__________________________________________
(Print Name)
SWORN TO AND SUBSCRIBED BEFORE ME
THIS ______ DAY OF _________ , _________
who is personally known to me/or produce
____________________________________ as
identification, and who did/did not take an oath.
JODY PHILLIPS
CLERK OF THE CIRCUIT AND COUNTY COURT
DUVAL COUNTY, FLORIDA
BY: ___________________________________
DEPUTY CLERK
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NUMBER:
DIVISION:
Plaintiff(s)
VS
Defendant(s)
FINAL JUDGMENT REPLEVIN
This cause came on to be heard and the Court finding that the Plaintiff(s) is/are entitled to Final Judgment
against the Defendant(s) _____________________________________________ and that the Plaintiffs was/were on the
date of the institution of the suit entitled to possession of the personal property sought to be replevied herein, which
goods are now in the possession of the above named defendant(s), in Duval County, Florida, of the value of
$_______________________________________ Described as follows, to-wit: _________________________________
_________________________________________________________________________________________________
And the court being otherwise fully advised in the premises, it is, upon consideration thereof ADJUDGED as follows:
Plaintiff(s) do have and recover of and from the Defendant(s) the said personal property to-wit:
1. ________________________________________________________________________________________________
_______________________________________________________________ together with attorney’s fees in the sum of
$__________________ and the costs in this behalf expended and herein taxed at $ _______________________, OR that
the Plaintiff(s) do have and recover of and from that the Defendant(s) in the sum of $ ________________________and
the costs in this behalf expended and herein taxed at $________________________ At the option of said Plaintiff(s):
A. Let Writ of Possession issue for said personal property, and execution issue for said attorney’s fees and costs;
OR
B. Let execution issue for said damages, attorney’s fees and costs
DONE AND ORDERED at Jacksonville, Duval County Florida, this ________ day of ___________________ 20_______.
__________________________________
Judge
Copies furnished to:
Plaintiff(s)'s Address: ________________________________
________________________________
Defendant(s)'s Address: ________________________________
________________________________
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NUMBER:
DIVISION:
Plaintiff(s)
VS
Defendant(s)
FACT
INFORMATION
SHEET
38
______________________________________________
(Signature)
______________________________________________
(Print Name)
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NUMBER:
DIVISION:
EXPARTE MOTION FOR HEARING IN AID OF EXECUTION
COMES NOW THE Judgment Creditor _______________________________________________
Pursuant to Rule 7.221, Florida Small Claims Rules, and moves the court to enter an order requiring the
Judgment Debtor(s) ______________________
_______________________________________________
To appear at a Hearing in Aid of Execution for the purposes of examining the Judgment Debtor(s) regarding
his/her/it’s/their ability to satisfy the Final Judgment entered in this cause and requiring the Judgment
Debtor(s) to complete a FACT INFORMATION SHEET and bring it to the Hearing in Aid of Execution.
Plaintiff(s)
VS
Defendant(s)
ORDER FOR HEARING IN AID OF EXECUTION
IT IS ORDERED AND ADJUDGED that the Judgment Debtor(s) __________________________
______________________________________________________________________________________
Address:_______________________________________________________________________________
shall:
1.
Appear before Judge _________________________ on the ______________ day of
__________________ , 20___________ at __________________ o’clock ______.M. in
courtroom/chambers ________________________________________ , located at
_______________________________________, Jacksonville, Florida to be examined as to the
Judgment Debtor(s) ability to satisfy the Final Judgment entered in this cause.
2.
Bring to the hearing all documents and papers which relate to the Judgment Debtor(s) Financial
condition and the completed, notarized Fact Information Sheet attached hereto. Judgment
Debtor(s) failure to comply with this Order shall be grounds for contempt.
DONE AND ORDERED at Jacksonville, Duval County, Florida, this ___________ day of
_____________________ , 20______.
_________________________________
COUNTY JUDGE
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NUMBER:
DIVISION:
Plaintiff(s) Address:_________________________________
__________________________
_____
Defendant(s) Address: _________________________________
_______________________________
Plaintiff(s)
VS
Defendant(s)
FACT INFORMATION SHEET, INDIVIDUAL
Full Legal Name: ____________________________________________________________________________________
Nickname or Aliases:_________________________________________________________________________________
Residence Address:__________________________________________________________________________________
Mailing Address (if different): __________________________________________________________________________
Telephone number: ____________________________Business number:_______________________________________
Name of Employer: __________________________________________________________________________________
Address of Employer:_________________________________________________________________________________
Position or Job Description: ___________________________________________________________________________
Rate of Pay: ___________________________________ Per:_________________________________________________
Average Paycheck:__________________________________ Per:_____________________________________________
Average Commission or Bonuses: ______________________________________________________________________
Commission or Bonuses are based on: ___________________________________________________________________
Other Personal Income:________________________________From:__________________________________________
(Explain details on the back of this sheet or an additional sheet if necessary)
Social Security Number:__________________________________Birthdate:____________________________________
Driver’s License Number:_____________________________________________________________________________
Marital Status:________________________________ Spouse’s Name:_________________________________________
Spouse’s Address (if different):_________________________________________________________________________
Spouses Social Security Number:____________________________ Birthdate:___________________________________
Spouse’s Employer:__________________________________________________________________________________
Spouse’s Average Paycheck or Income: $______________________ per _______________________________________
Other Family Income $___________________________ per_________________________________________________
(Explain details on the back of this sheet or an additional sheet if necessary.)
Names and Ages of all of your children (and addresses if not living with you): ___________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
Child Support or Alimony Paid $ ___________________ Per__________________________________________________
Names of Others you LiveWith:_________________________________________________________________________
Who is Head of Your Household? You:_________ Spouse________ Other:______________________________________
Checking Account at:_________________________ Account #:_______________________________________________
Savings Account at:____________________________ Account #:_____________________________________________
(Describe all other accounts or investments you may have, including stocks, mutual funds, savings bonds, or annuities,
on the back of the sheet or an addition sheet if necessary)
For Real Estate (land) You Own or are Buying: ____________________________________________________________
Address: _________________________________________ _______________________________________________
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NUMBER:
DIVISION:
Plaintiff(s)
VS
Defendant(s)
All Names on Title: _____________________________________________________________________ _____________
Mortgage Owed to: __________________________________________________________________________________
Balance Owed: _______________________________ Monthly Payment $______________________________________
(Attach a copy of the deed or mortgage, or list the legal description of the property on the back of this sheet or an
additional sheet if necessary. Also provide the same information on any other property you own or are buying. )
For all motor Vehicles You Own or are Buying: ____________________________________________________________
Year: ______________ Make:____________ Model:_____________________ Color:_____________________________
Vehicle ID #:______________________ Tag #_________________________ Mileage:_____________________________
Names on Title: _____________________________________________________________________________________
Loan Owed to: ______________________________________________________________________________________
Balance on Loan: ___________Present Value_______________ Monthly Payments: ______________________________
(List all other automobiles, as well as other vehicles, such as boats, motorcycles, bicycles, or aircraft, on the back of this
sheet or any additional sheet if necessary.)
Have you given, sold, loaned, or transferred any real or personal property worth more than $100.00 to any person in the
last year? Yes: ______ No:________ if you answer “yes” describe the property and sale price, and five the name and
address of the person who received the property: _________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
Does anyone owe you money? Yes:__________ No:__________ Amount Owed:$________________________________
Name and Address of person owing Money:______________________________________________________________
Reason Money is Owed:______________________________________________________________________________
Please attach copies of the following:
Your last pay stub.
Your last 3 statements for each bank, savings, credit union or other financial account.
Your motor vehicle registrations and titles.
Any deeds or titles to any real or personal property you own or are buying, leases to property you are renting.
UNDER PENALTY OF PURGERY, I SWEAR OR AFFIRM THAT
THE FOREGOING ANSWERS ARE TRUE AND COMPLETE.
The foregoing instrument was acknowledged before me on ______________ by ___________________ who is
personally known to me or has produced as identification and who _____________did ________ did not take an oath.
WITNESS my hand and official seal on _________________________
_________________________________________ _____________________________________
(Signature of Notary Public) (Printed name of Notary Public)
FACT INFORMATION SHEET- BUSINESS ENTITY
Name: _________________________________________Title:_______________________________________________
Address: ___________________________________________________________________________________________
Telephone number (home):____________________________ Business:________________________________________
Address of Business Entity:_______________________________________________________________ _____________
Type of Entity: (Check one)
☐Corporation ☐Partnership ☐ Limited Partnership ☐ Sole Proprietorship☐Limited Liability Corporation
(LLC) ☒ Professional Association (PA) ☐Other:___________________________________________________
Does Business Entity own/have interest in any other business entity? Please explain_____________________
__________________________________________________________________________________________
Gross/Taxable income reported for Federal Income Tax purposes (last 3 years):
$___________________________$ _________________________ $__________________________________
Taxpayer Identification Number: _______________________________________________________________
List Partners (General or limited and designate percentage of ownership:_______________________________
__________________________________________________________________________________________
Average Number of Employees/ Month: _________________________________________________________
Names of Officers and Directors:_______________________________________________________________
__________________________________________________________________________________________
Checking Account at:_____________________ Account number:_____________________________________
Savings Account at:______________________ Account number:_____________________________________
Does the Business Entity own any vehicles? ______________________________________________________
Years/ Makes/Models:_______________________________________________________________________
Vehicle ID numbers:_________________________________________________________________________
Tag numbers:______________________________________________________________________________
Outstanding Loans:__________________________________________________________________________
Does the Business Entity own any real property: YES_______________ NO____________________________
Address:___________________________________________________________________________________
__________________________________________________________________________________________
Please check if the business entity owns the following:
________ Boats
________Stocks/Bonds
________ Camper
________ Other Real Property
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NUMBER:
DIVISION:
Plaintiff(s)
VS
Defendant(s)
________Intangible Property
________ Other Personal Property
UNDER PENTALY OF PURGERY, I SWEAR OR AFFIRM THAT THE FOREGOING ANSWERS ARE TRUE AND
COMPLETE.
____________________________________
Defendants Designated Representative
Title: ________________________________
STATE OF FLORIDA
COUNTY OF DUVAL
The foregoing instrument was acknowledged before me on ________________________ by
______________________________________, who is personally known to me or has produced
____________________________________ as identification and who ___________ did/did not
Take an oath.
WITNESS my hand and official seal on _______________________________.
_____________________________________
Signature of Notary Public
_____________________________________
Printed Name of Notary Public
GENERIC FORMS
Witness Subpoena
Generic Motion
Motion for Continuance
Notice of Dismissal
45
AMERICANS WITH DISABILITIES ACT (ADA) NOTICE INDIVIDUALS WITH DISABILITIES NEEDING A REASONABLE
ACCOMODATIONS TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT THE COURT ADMINISTRATORS OFFICE AS
SOON AS POSSIBLE. TELEPHONE: 904-255-1695, OR, IF, HEARING IMPAIRED, 1-800-955-8711(TTD) OR 1-800-955-8770
(V) FLORIDA RELAY SERVICE.
SUBPOENA
THE STATE OF FLORIDA:
To:__________________________________________________
YOU ARE HEREBY COMANDED to appear before the Honorable _______________________________________________,
_______________________________________________________ Judge of said Court, at the Duval County Courthouse in Jacksonville,
Florida on ____________________________________________________________________________________, to testify in the above
styled cause.
If you fail to appear, you may be in contempt of Court.
You are subpoenaed to appear by _____________________________________________________________________________
Excused from this subpoena by ___________________________________________________________________________ shall respond
to this subpoenaed as directed.
WITNESS my hand and the seal of said Court ___________________________________________.
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NUMBER:
DIVISION:
Plaintiff(s)
JODY PHILLIPS
Clerk of the Court
Duval County, Florida
By:___________________________
As Deputy Clerk
VS
Defendant(s)
MOTION TO:
______________________________________
COMES NOW, the Plaintiff/Defendant and moves this Honorable Court for/to:
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
The Following reason:
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above has been furnished by U.S. Mail/ Hand delivered to,
_________________________ this _________________ day of _____________, 20____.
__________________________________________
Plaintiff(s) Signature
__________________________________________
Plaintiff(s) Printed Name
____________________________________
Plaintiff Address
_________________________________
Plaintiff City, State, Zip Code
_________________________________
Plaintiff Telephone Number
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NUMBER:
DIVISION:
Plaintiff(s)
VS
Defendant(s)
MOTION FOR CONTINUANCE
Comes now, the Plaintiff/Defendant __________________________________________________________________________ in proper
person who respectfully moves the Court to continue the case set for ___________________________________ for the following reasons:
_______________________________________________________________________________________________________________
___________________________________________________________________________________________________ and reset same
for another date.
Dated at Jacksonville, Duval County, Florida this _____________________ day of ______________, ____________.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above has been furnished by U.S. Mail/ Hand delivered to,
_________________________ this _________________ day of _____________, 20______
__________________________________________
Plaintiff(s) Signature
__________________________________________
Plaintiff(s) Printed Name
___________________________________
Plaintiff Address
_________________________________
Plaintiff City, State, Zip Code
_________________________________
Plaintiff Telephone Number
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NUMBER:
DIVISION:
Plaintiff(s)
VS
Defendant(s)
NOTICE OF DISMISSAL
Comes now the Plaintiff: _______________________________________________________________________________________
And pursuant to Rule 7.110(a)(1) Florida Rules of Summary Procedure, hereby dismisses the complaint heretofore filed in this case
cause against the Defendant(s) ___________________________________________________________________________________
____________________________________________________________________________________________________________.
Jacksonville, Florida, this __________ day of _______________, _________________.
__________________________________________
Plaintiff(s) Signature
_______________________________________
___
Plaintiff(s) Printed Name
____________________________________
Plaintiff Address
_________________________________
Plaintiff City, State, Zip Code
__
_______________________________
Plaintiff Telephone Number
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NUMBER:
DIVISION:
Plaintiff(s)
VS
Defendant(s)
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SMALL CLAIMS COURT (Duval County Clerk of Courts)

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Completed 11 February 2021

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