Form 9 – Final Judgment – Damages in Florida
The document you provided is “Form 9 – Final Judgment – Damages,” used in the Florida legal system to facilitate the enforcement of judgments for damages. This final judgment Florida is specifically used after a court has determined that a defendant (often referred to as the Tenant in cases involving property disputes) owes money to a plaintiff (often the Landlord). It outlines the steps for obtaining a certified copy of the judgment, recording it in public records, and the specifics about how the judgment acts as a lien against the defendant’s real or personal property for a ten-year period, which can be extended for another ten years.
Form 9 is a judgment example that includes placeholders for the county, names, and addresses of the involved parties, the amount of money owed, and other relevant details like the case number and the judgment date. It also mentions that the total sum awarded will bear interest at a legal rate established under section 55.03 of the Florida Statutes.
Additionally, Form 9 advises that while it provides useful information, it may not fully describe all requirements of Florida law, recommending consultation with an attorney if necessary. Approved for use under specific Florida Bar rules, the form also includes space for the details of the person assisting in completing it. This form is essential for landlords in Florida seeking to enforce a judgment for unpaid rent or other damages against a tenant.
Here is a step-by-step guide on how to fill out this form for use in Florida:
Step 1: Gather Information
Before you begin filling out the form, ensure you have all the necessary information including:
- Full legal names and addresses of both the landlord (plaintiff) and the tenant (defendant).
- The case number assigned by the Clerk of the Court.
- The county in which the rental property is located.
- The city and county where the court is located.
- The specific amount of money awarded by the court, including any additional costs.
Step 2: Fill in Court and Case Details
- County and City: Enter the name of the county and city where the court handling the case is located.
- Case Number: Fill in the case number as assigned by the court.
Step 3: Enter Party Information
- Plaintiff Information: Fill in the landlord’s name and principal address.
- Defendant Information: Fill in the tenant’s name and principal address.
Step 4: Enter Judgment Details
- Amount Awarded: Enter the monetary amount awarded by the court. This includes any costs that are ruled to be paid by the defendant.
- Interest Information: Note that the awarded amount will bear interest at the rate established pursuant to section 55.03, Florida Statutes.
Step 5: Execution of Judgment
This section is typically filled out by the judge or the court clerk and includes:
- Date of Judgment: Fill in the date when the judgment was ordered.
- Judge’s Details: The name and title of the judge (either County or Circuit Judge) who approved the judgment should be entered.
Step 6: Certification and Copies
After the judgment has been entered:
- Obtain a certified copy of the judgment from the Clerk of the Court.
- Record the certified copy in the public records of any county where the tenant owns real property, if applicable.
Step 7: Additional Information
Include the name, address, and telephone number of the person who assisted in completing the form, if applicable.
Step 8: Consult Legal Advice
While the form includes notes and guidelines, it’s important to consult an attorney to ensure all legal requirements are met and to understand the implications of the recorded judgment.
Step 9: Approval and Submission
Ensure all information is correct and submit the form to the designated court official for approval and processing.
Remember, this form is a legal document and must be filled out accurately to ensure the enforcement of the judgment. If you are unsure about any part of the process, it is advisable to seek legal counsel to avoid any errors that might affect the enforceability of the judgment.
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.