17 County Civil-Motion for Courts Default – Pasco County, Florida
The document titled “Motion for Court’s Default” pertains to a legal proceeding in the County Court of the Sixth Judicial Circuit in Pasco County, Florida. It details a request made by a landlord (the plaintiff) for the court to issue a default judgment against a tenant (the defendant) due to the defendant’s failure to either:
- Allege the defense of payment,
- Pay the accrued rent as stated in the complaint into the court registry, or
- File a motion to determine the amount of rent to be deposited into the court registry.
The form requires specific details such as the case number, section, names of the plaintiff and defendant, and the date. It also outlines that a default has been entered against the defendant for eviction, emphasizing the same failures listed above. The document ends with a notice that copies need to be sent to both the plaintiff and defendant, ensuring both parties are informed of the proceedings.
Here is a step-by-step guide to help you fill out this motion for default Florida:
Case Information
- Case No.: Enter the case number as assigned by the court.
- Section: Fill in the section number if known or applicable.
Party Information
- Insert name of Landlord: Write the full legal name of the landlord who is initiating the motion as the plaintiff.
- Insert name of Tenant: Write the full legal name of the tenant who is the defendant in the case.
Motion for Court’s Default
- This section is pre-filled to explain that the plaintiff is requesting the court to issue a default judgment against the defendant for not meeting specific obligations related to the rental agreement. Review to ensure it reflects the complaint accurately.
Date and Signature
- DATED: Enter the date on which you are filling out the motion.
- Beneath the date, the landlord (plaintiff) should sign the form to validate the motion.
Default Section
- This section describes the entry of default by the judge and is typically completed by the court. Verify if any action is required on your part, though generally, this part is handled internally by the court after filing the motion.
Distribution of Copies
- Make sure to distribute copies of the completed form to both the plaintiff and the defendant. This section does not require filling out but serves as a reminder.
Filing with the Court
- Once the form is completed and signed, file it with the appropriate county court. Check if any filing fees apply and how many copies of the motion you need to submit.
Additional Tips
- Accuracy: Ensure all information is accurate to prevent delays or legal issues.
- Documentation: Attach any supporting documents that may strengthen the motion, such as proof of non-payment.
- Legal Advice: Consider consulting with a legal professional if you have any doubts about the process or your specific circumstances.
This guide should help you complete the motion for judicial default accurately and ensure that all procedural requirements are met for filing with the Pasco County Court.