23 Motion for Clerk’s Default Damages Residential Eviction – Pasco County, Florida
The document is a form for filing a “Motion for Clerk’s Default Damage Residential Eviction” in the context of residential eviction proceedings in Pasco County, Florida. It is used by a landlord to request that the Clerk and Comptroller of the court enter a default judgment against a tenant who has failed to respond legally to a prior complaint for damages related to the eviction process. This form must be filled out with the names and details of both the landlord (plaintiff) and the tenant (defendant). It also includes spaces for the plaintiff to provide their address and contact information. The form outlines the legal grounds for requesting default damages and requires the signature of a deputy clerk from the Pasco County Clerk & Comptroller’s office, indicating that a default has been entered against the tenant. Additionally, there is a section at the bottom for assistance details, which should be filled out if someone helped in completing the form.
Here is a step-by-step guide to help you fill out this form:
Form Details
- Form Title: Motion for Clerk’s Default and Default for Damages (Residential Eviction)
Sections to Complete
Case and Court Information
- Case No.: Enter the case number assigned to your eviction case.
- Section: Enter the court section if applicable. This might refer to a specific division within the county court.
Party Information
- Landlord’s Name: Insert the full name of the landlord (plaintiff) as it appears in court records.
- Tenant’s Name: Insert the full name of the tenant (defendant) as it appears in court records.
Motion Details
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- In the motion text where it says “(Insert name of Tenant)”, enter the tenant’s name again to formally request the default be entered against them for failing to respond to the complaint.
Contact Information
- Name: Enter the name of the person filling out the form if different from the landlord.
- Address: Provide the address of the individual or the law firm representing the landlord.
- Phone Number: Provide a contact phone number.
Clerk and Comptroller’s Section
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- This section will be completed by the office of the Clerk and Comptroller to record the entry of default. It typically includes a date and the signature of the Deputy Clerk.
Assistance Information (if applicable)
- Name: If someone assisted in filling out the form (other than the landlord), enter their name here.
- Address: Provide the assistant’s address.
- Phone Number: Provide the assistant’s phone number.
Additional Tips
- Double-check all entries: Ensure all information is accurate and matches the details in the original eviction filing and any related court documents.
- Sign where required: The form may require the landlord’s signature in certain sections to verify the information.
- File with the court: Once completed, the form needs to be filed with the appropriate county court. Check if there are any specific filing requirements or fees.
- Keep copies: Always keep a copy of the filed form for your records and for any future legal needs.
By following these steps, you can correctly complete the Motion for Clerk’s Default and Default for Damages form, facilitating the process of obtaining a default judgment for an unresolved residential eviction.
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.