Motion for Default Final Judgment – Damages Residential Eviction – Pinellas County Florida
The “Motion for Default Final Judgment – Damages Residential Eviction” form is used in Pinellas County, Florida, to request a court to issue a default judgment against a tenant for damages, under circumstances where the tenant has failed to respond timely to a complaint regarding residential eviction. The “Motion for Default Final Judgment – Damages Residential Eviction” form requires the landlord (plaintiff) to submit an affidavit of damages along with the motion. It includes fields to be filled out with the case number, names of the landlord and tenant, and the details concerning the service of the motion on the tenant, including address and method of delivery. The form also includes a certification by the filer regarding the method of delivery of the motion to the tenant. This form must be filed in the county court where the property is located, and it is regulated under rule 10-2.1(a) of the Rules Regulating The Florida Bar.
Here is a step-by-step guide on how to fill out this form:
County Name: Start by entering the name of the county in which the court is located at the top of the form.
Case Number: Enter the case number assigned by the Clerk of the Court. This can be found on previously filed documents related to the same eviction case.
Landlord Information:
- Name: Enter the full legal name of the landlord who is initiating the eviction process as the plaintiff.
- Address: Provide the full address of the landlord, including street, city, and zip code.
- Telephone Number: Include a contact number for the landlord.
Tenant Information:
- Name: Enter the full legal name of the tenant against whom the eviction case is filed.
- Address at Which Defendant Was Served/Faxed: Fill in the address where the tenant was served with the eviction notice. This is crucial for validating proper service.
Date of Clerk’s Entry of Default: Fill in the date on which the default was entered into the court record by the Clerk of the Court. This indicates that the tenant failed to respond in the given time frame.
Certification of Document Delivery
- Check the appropriate box to indicate how the motion and the attached affidavit were delivered to the tenant: mailed, telefaxed and mailed, or hand-delivered.
- Below this, provide the specific details of how and where the documents were sent or delivered.
Plaintiff’s Statement: Read the statements regarding the filing of the complaint and the defendant’s failure to answer, confirming their accuracy and pertinence to your case.
Affidavit of Damages: Attach the affidavit of damages that supports the claim made in the motion. Ensure this document is thorough and properly notarized.
Signature
- Sign the form to certify that the information provided is accurate to the best of your knowledge.
- Print your name below your signature.
- Include the date of signing next to or below your signature.
Assistant’s Information (if applicable)
- Name: If someone assisted in filling out the form, include their name.
- Address and Telephone Number: Provide contact details for the individual who assisted.
Once completed, review the form for accuracy and completeness. File it with the appropriate county court and ensure a copy is served to the tenant following legal requirements for service of process. Remember to keep a copy for your records.
Disclaimer: This guide is provided for informational purposes only and is not intended as legal advice. You should consult the Residential Tenancies Act or a legal professional.