HOW TO FILE:
The Plaintiff is the party bringing the lawsuit. The Defendant is the party being sued. Make sure you sue in the correct name and make sure you sue the proper party. You must supply the following:
|
(1) Individual (over 18, or parent/guardian must bring suit) - Full name, address and telephone number |
|
(2) Partnership - Each partner's full name and business name, address and telephone number |
|
(3) Corporation - Full legal name and d/b/a, if any, registered agent or president's name. Information for partnership and corporation may be found by checking occupational licenses in the county or city where the business is located, or through the Secretary of State, Corporation Information Division, Tallahassee, Florida (800) 755-5111 or online at www.sunbiz.org (document searches = corporate/trademark/llc/lp). You also must list the registered agent's address for service of process. |
|
(4) Company - Full name of owner and company (John Smith d/b/a ZYX company), address and telephone number. |
|
(5) Insurance Company - The EXACT name of the insurance company is needed. Claims against an insurance company must be served through the Insurance Commissioner's Office. The charge is $15.00. |
Make sure you sue the proper party because if you get a judgment against a party that does not exist (improper spelling or incorrect/incomplete name), your judgment may be worthless.
SERVICE OF PROCESS
Each Defendant named as a party to the suit must be served. Service may be made by either sheriff's service, private process server, or, if the Defendant resides in the State of Florida, by certified mail. If the certified letter is not claimed by the Defendant, it will be returned to the Clerk's Office and the Plaintiff will be notified. If the certified letter is returned, and sheriff's service is desired, the fee for sheriff service will then be required.
If you have a Defendant outside the State of Florida, you must determine the county and state in which the Defendant address is located, the sheriff's fee to serve the summons, and the sheriff's address within that county and state. You also need to inquire whether the sheriff has any other special instructions. If they do, you must let the Clerk know what they are.
VENUE
RIGHT TO VENUE: The law gives the person or company who has sued you the right to file suit in any one of several places as listed below. However, if the Defendant has been sued in any place other than one of these places, the Defendant has the right to request that the case be moved to a proper location or venue. A proper location or venue may be one of the following:
|
1) Where the contract was entered into |
|
2) If suit is on an unsecured promissory note, where the note is signed or where the maker resides |
|
3) If the suit is to recover property, where the property is located |
|
4) Where the event giving rise to the suit occurred |
|
5) Where any one or more of the Defendants sued resides |
|
6) Any location agreed to in a contract |
FILING
(a) When filing a claim based upon a written document or contract, a copy must be furnished for the file and one for each Defendant at the time of filing.
(b) A copy of any paper that is filed at any time by the Plaintiff or Defendant, other than the Statement of Claim to the Clerk or to the Judge, MUST be sent by you to each party or their attorney, if any. You must set forth the date and to whom you sent the copy (or copies) of the papers filed which should be followed by your signature.
(c) If at any time during the proceedings a settlement is reached between the parties, you should notify the Clerk's Office immediately.
(d) You must advise the Clerk, in writing, of any change in your mailing address.
PRETRIAL CONFERENCE
On the day of pretrial conference, both the Plaintiff and Defendant must appear. You do not need to bring your witnesses to the pretrial conference. If the Plaintiff does not appear, the case may be dismissed. If the Defendant does not appear (after being properly served) a default will be entered. If both parties appear and the case cannot be resolved through mediation or at the pretrial conference, your case will be scheduled for trial. It is important to appear early for your hearing. Court begins promptly at the time assigned to your case.
MEDIATION
Mediation is an informal process whereby a neutral third party acts to encourage and assist in resolving a dispute, without prescribing what it should be, with the objective of helping the parties reach a mutually acceptable agreement.
TRIAL
If the case is set for trial, you must appear on the date and time specified with your evidence, witnesses and whatever you feel is necessary to prove your claim. Affidavits from witnesses cannot be accepted. At the hearing, the Judge will listen to both sides, reviewing the evidence and proof provided in order to make a decision. If the Judge has to research a point of law, the decision may be delayed. However, the parties will receive a copy of the written decision when it is final.
REHEARINGS AND APPEALS
Any unsuccessful party has no later than 10 days from the date the judgment is entered to move for a new trial. Parties have the right to appeal the judgment entered and must do so no later than 30 days from the date the judgment is entered. An attorney should be consulted if an appeal is contemplated.
NOTE:
IF YOU HAVE ANY QUESTIONS REGARDING PROCEDURES, THE CLERK'S OFFICE WILL ASSIST YOU. THEY CANNOT FURNISH YOU LEGAL ADVICE. PLEASE CONSULT AN ATTORNEY FOR LEGAL ADVICE.
COUNTY COURT
CIVIL DIVISION, ST. LUCIE COUNTY, FLORIDA |
HOW TO COLLECT YOUR JUDGMENT
Having received a final judgment, your County Court can do just as much, but no more than any other Court can do to help you collect your judgment.
|
YOU CAN: |
|
1. Record a certified copy of the final judgment with the Clerk of the Court. The charge for recording is $10.00 for the first page and $8.50 for each additional page (include a self-addressed, stamped envelope or $.75 postage). The recording of the certified copy creates a lien of record against any real estate in the county where recorded then or thereafter owned by the Defendant in his name. Certified copies are $1.00 per page plus $2.00 for certification.
|
|
2. Judgment liens: You can obtain a Judgment lien against all of the defendants personal property located anywhere in the State of Florida by filing a Judgment Lien Certificate with the Department of State. A judgment lien lapses after 5 years. If there are liens ahead of yours, as those liens lapse, yours will move to the top. After 5 years, you can file again and obtain another judgment lien but if others have filed after your first filing, those liens will now be ahead of yours. To get the proper form, you can either download the form from the Department of States website: www.sunbiz.org or call the Department of State, Division of Corporation, Judgment Liens Section, at 850-656-7463.
|
|
3. Writ of Execution :Ten days after entry of a final judgment, you may obtain a Writ of Execution from the Clerk's Office. Deliver this Writ to the Sheriff of the county in which the Defendant lives or where any of his property (real or personal) is located. You must also give the sheriff written instructions, called Instructions for Levy, which describe the property to be levied on and its location. In order to get the sheriff to levy upon the defendant's property, you must first locate it. The sheriff will require you to pay a cost deposit. Before the property can be levied upon, you must check the Department of State's website at www.sunbiz.org to see if there are any judgment liens filed under the name of the defendant. You must also check for creditors who have filed UCC security interests in the name of the Defendant at www.floridaucc.org . You must notify all of these people of the time and date of the sale. You will then give the sheriff a signed affidavit, on which you must provide the information contained in the judgment lien certificates filed against the defendant. Once the notices have been sent, the sale must be properly advertised in a local newspaper. The sheriff can then sell the property at public auction to the highest bidder. Money received from the sale will be paid out first to the sheriff to pay costs (if the sale price covers costs, your deposit will be returned to you); second the sheriff pays you $500; and third, if anyone obtained a Judgment Lien before you did, the sheriff pays that person before paying you. If any funds are left after paying any Judgment Liens recorded with the State ahead of your, those funds will be paid to you. IMPORTANT: If you previously docketed a Writ of Execution with the sheriff, you must file a judgment lien certificate with the state before October 1, 2003 in order to hold that place in line.
|
|
4. Writ of Garnishment : If you know of any third person, such as an employer, mortgagor or bank (where the Defendant has money deposited), who may owe the Defendant any money, you may secure from the Clerk a Writ of Garnishment against such third party. If the Court finds that your judgment is still in effect and unsatisfied, the Court will order such third person holding the money or property due the Defendant to pay the same to you. The charge for the Writ of Garnishment is $188.00 (plus sheriff service fee). This amount may be added to the amount of your final judgment. FORMS: (for bank account) MOTION FOR WRIT OF GARNISHMENT; WRIT OF GARNISHMENT (for wage garnishment) MOTION FOR CONTINUING WRIT OF GARNISHMENT FOR WAGES; CONTINUING WRIT OF GARNISHMENT AGAINST SALARY OR WAGES.
You must remember that under the Constitution and law of this State, if the Defendant is the Ahead of a family (generally a spouse who is living with one or more members of his family who are dependant upon him for support) such Ahead of household has certain exempt property which cannot be successfully levied upon, sold, attached or garnished. For example:
|
|
|
|
· Up to 160 acres of land in the county or up to a half acre within a city limit on which he lives with his family |
· All of his personal property, including money, of a value of not more than $1,000.00 |
· All salary, wages and commissions earned by his labor |
|
|
5. .Thirty days after the date of a judgment, an individual (businesses are exempt) may file a Motion for Hearing in Aid of Execution. The Defendant must appear in Court and disclose all assets. The cost is $20.00 per Defendant for sheriff's service and a reopen fee of $25.00 for cases less than $500.00 and $50.00 for cases in excess of $500.00. FORMS:EXPARTE MOTION FOR HEARING IN AID OF EXECUTION; ORDER FOR HEARING IN AID OF EXECTION; FACT INFORMATION SHEET.
|
|
6. Collection of Judgments on Automobile Accidents: In addition to the aforementioned procedures, thirty days after the date of judgment, you can request a Record of Unsatisfied Judgment be issued and mailed to the Department of Highway Safety and Motor Vehicles. Upon receipt, the Defendant's registration and driving privilege will be suspended until the judgment is satisfied..
|
|
|
|
Edwin M. Fry, Jr., CLERK OF COURT
SMALL CLAIMS AND COUNTY CIVIL
250 N.W. COUNTRY CLUB DRIVE
PORT ST LUCIE, FLORIDA 34986
(772) 785-5880 |
DEPARTMENT OF HIGHWAY SAFETY
AND MOTOR VEHICLES
BUREAU OF FINANCIAL RESPONSIBILITY
2900 APALACHEE PKY, ROOM A-208
TALLAHASSEE, FL 32399-0585 |
|
|