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  • Florida Motion For Clerk’s Default - Damages - Residential Eviction

Florida Motion For Clerk’s Default - Damages - Residential Eviction

Category:
Landlord Tenant
State:
Florida
Control #:
FL-1063-3LT
Format:
Word; 
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Description

This Motion notifies the tenant of the required five day time period to file a written response to complaint for back rent and damages.
Florida Motion for Clerk's Default — Residential Damages (77) is a motion filed by a plaintiff in a civil action in the state of Florida. This motion is used when a defendant has failed to answer or respond in a timely manner to the plaintiff's complaint and the plaintiff is seeking to obtain a default judgment against the defendant. The motion requests that the court enter a default judgment against the defendant and award damages to the plaintiff. There are two types of Florida Motion for Clerk's Default — Residential Damages (77): 1) one for an eviction action where the plaintiff is seeking damages for unpaid rent or other property damages, and 2) one for a foreclosure action where the plaintiff is seeking a deficiency judgment against the defendant.

Florida Motion for Clerk's Default — Residential Damages (77) is a motion filed by a plaintiff in a civil action in the state of Florida. This motion is used when a defendant has failed to answer or respond in a timely manner to the plaintiff's complaint and the plaintiff is seeking to obtain a default judgment against the defendant. The motion requests that the court enter a default judgment against the defendant and award damages to the plaintiff. There are two types of Florida Motion for Clerk's Default — Residential Damages (77): 1) one for an eviction action where the plaintiff is seeking damages for unpaid rent or other property damages, and 2) one for a foreclosure action where the plaintiff is seeking a deficiency judgment against the defendant.

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FAQ

The Tenant will have five days, after service, to file a written response to a Complaint for eviction, and 20 days, after service, to file a written response to a complaint for back rent and damages. If the Tenant fails to file a written response in that time the Landlord is entitled to a judgment by default.

Steps of the Eviction Process in Florida Step 1: Providing Written Notice.Step 2: Filing the Florida Eviction Lawsuit.Step 3: Summons and Complaint are Served.Step 4: Court Hearing and Judgment.Step 5: Writ of Possession is Posted.Step 6: Property is Returned.

Generally, a default allows you to obtain an earlier final hearing to finish your case. Once the default is signed by the clerk, you can request a trial or final hearing in your case. To obtain a default, you will need to complete Motion for Default, Florida Supreme Court Approved Family Law Form 12.922(a).

Generally, a default allows you to obtain an earlier final hearing to finish your case. Once the default is signed by the clerk, you can request a trial or final hearing in your case.

Final Judgment for Eviction Order ? final ruling or order in the case by the judge that finally determines that the landlord prevails in the case and the tenant is ordered to vacate the rental property, and directs the Clerk of Court to Issue a Writ of Possession.

Once the Clerk of the Court enters the Default, the Judge will then sign the Final Judgment for Eviction, which will authorize the Clerk to issue the writ of possession to the Sheriff.

If a default or default judgment has been entered against you, and you believe, because of a mistake, inadvertence, excusable neglect, newly discovered evidence, or fraud, that it should not have been entered against you, you can use this form to request that the court set aside the default or default judgment.

This motion for default final judgment may be filed by a landlord/plaintiff in a Florida eviction action to request that final judgment be entered against the defendant/tenant following its failure to respond to the plaintiff's eviction complaint within the requisite time-frame.

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More info

MOTION FOR CLERK'S DEFAULT - DAMAGES. Form 77 – Motion for Clerk's Default - Damages - Residential Eviction .77. Courts and Clerks. 78. MOTION FOR CLERK'S DEFAULT- DAMAGES (RESIDENTIAL EVICTION). The clerk's entry of default may be made electronically. Form and Quality of Pleadings, Motions and Other Documents . Form and Quality of Pleadings, Motions and Other Documents . Damages-unpaid rent). File both with the court clerk. Tabs shall be filed with the Superior Court Clerk for the court file.

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