16 Motion for Clerk and Comptroller’s Default Residential Eviction – Pasco County, Florida
This document is a form titled “Motion for Clerk and Comptroller’s Default Residential Eviction,” intended for use in the County Court of the Sixth Judicial Circuit in Pasco County, Florida. It serves as a legal motion for landlords to request that the court enter a default judgment against tenants who have not responded to a complaint for residential eviction as required by law.
The motion specifically asks the Clerk and Comptroller of Pasco County to enter a default against the named tenant, citing their failure to legally respond to the eviction complaint. The document should be signed by Nikki Alvarez-Sowles, Esq., the Pasco County Clerk & Comptroller, or her deputy. There are also sections for cc’ing both the landlord and the tenant, ensuring that all parties are notified of the motion.
Additional fields at the bottom of the form provide space to list the names, addresses, and phone numbers of those who assisted in completing the form, be it the landlord or a legal assistant. This document is crucial in the eviction process as it formally escalates the eviction proceedings when a tenant does not respond to initial complaints.
To properly fill out this form, follow these detailed steps:
Case Details
- Case No.: Enter the unique number assigned to your eviction case.
- Section: Fill in the judicial section number if known. If not, leave this blank until further notice from the court.
Parties Involved
- Insert name of Landlord (Plaintiff): Write the full legal name of the landlord or the property management company filing the eviction.
- Insert name of Tenant (Defendant): Write the full legal name of the tenant against whom the eviction is being filed.
Motion Details
- Plaintiff(s) asks the Clerk and Comptroller to enter a default against: Re-enter the tenant’s name here, confirming that they have not responded to the eviction notice as legally required.
Contact Information
Provide comprehensive contact information for both the plaintiff and defendant:
- Name: Name of the party (you may have to fill this out twice, once for the landlord and once for the tenant in their respective sections).
- Address: Legal address as registered or known. For landlords, this may be the address of the property management or their business. For tenants, this is usually the address of the rental property.
- Phone Number: Best contact number to reach the party.
Signature and Date
- Date: Fill in the date when you are submitting the motion to the court.
- Signature: The form will be processed by the Clerk, but the landlord or their representative should sign if there is a designated spot before submission.
Carbon Copy (cc)
- Insert name of Landlord and Tenant: Ensure both the landlord and tenant are listed here to receive copies of the motion.
Assistance in Completing the Form
If someone helped you fill out the form (like a legal assistant), include their details:
- Name: Full name of the person assisting.
- Address: Contact address of the assistant.
- Phone Number: Contact number of the assistant.
Submission
- Once completed, review the form to ensure all details are correct and legible.
- Submit the form to the appropriate clerk’s office either in person or as directed by local court rules, often through mail or electronic filing systems.
Make sure to keep a copy of the completed form for your records and to follow up with the court to ensure the motion is processed.