Motion for Clerk’s Default – Damages Residential Eviction – Pinellas County Florida
This document is a legal form titled “Motion for Clerk’s Default – Damages Residential Eviction” used in Pinellas County, Florida. It is utilized by landlords to request the court clerk to officially note a default against a tenant who has failed to respond legally to a complaint regarding damages. The form specifies that the tenant has not responded as required by law to the plaintiff’s (landlord’s) complaint for damages related to residential eviction. It includes spaces for the landlord to fill in their name, the tenant’s name, and other relevant case details. Additionally, the form contains a section for the clerk to enter the default against the tenant, indicating the date and the clerk’s signature. This form is approved under rule 10-2.1(a) of the Rules Regulating The Florida Bar and includes sections for the assistance provider’s name and contact details if applicable.
Filling out this form involves a series of straightforward steps including:
Step 1: Insert County Name
- Location: At the top of the form where it reads “IN THE COUNTY COURT, IN AND FOR _______________ COUNTY, FLORIDA.”
- Action: Fill in the blank with “Pinellas” to specify the jurisdiction.
Step 2: Case Number
- Location: Right below the county name, labeled “CASE NO.: ___________________________.”
- Action: Enter the official court case number assigned to your eviction case.
Step 3: Insert Names
- Location: Under the sections titled “(Insert name of Landlord)” and “(Insert name of Tenant).”
- Action: Write the full legal names of the landlord (plaintiff) and the tenant (defendant) involved in the eviction case.
Step 4: Statement of Motion
- Location: In the middle section where it reads “Plaintiff asks the clerk to enter a default against __________________________ _____________________, [Tenant name(s)].”
- Action: Repeat the tenant’s name(s) in the blank space provided.
Step 5: Sign and Provide Contact Information
- Location: Near the bottom under “Signature:” and the contact details section.
- Action:
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- Sign your name where indicated.
- Fill in your full name, complete address, and telephone number in the spaces provided.
Step 6: Default and Clerk Section
- This section is typically filled out by the court clerk, not the landlord.
Step 7: Date and Clerk Signature
- Location: At the very bottom of the form.
- Note: This will be completed by the Clerk of the Court, noting the entry of default and the date.
Step 8: Copies
- Location: The bottom section where it mentions sending copies.
- Action: Ensure that copies of the completed and filed motion are sent to the landlord and tenant at the addresses provided earlier in the form.
Additional Notes
- Form Accuracy: Double-check all entries for accuracy to ensure the form is processed without delays.
- Court Submission: Once completed, submit the form to the court as part of your eviction case file.
- Legal Advice: Consider consulting with a legal professional if you are unsure about any steps to ensure the form complies with local laws and court requirements.
This guide should help you correctly fill out the “Motion for Clerk’s Default – Damages Residential Eviction” form. Be mindful of the accuracy and completeness of the information you provide, as this is a legal document.