Motion for Court Default – Pinellas County Florida
The “Motion for Court Default” form from the Pinellas County, Florida, Civil Division is a legal document that a landlord can use to request a court default judgment against a tenant. This form is utilized when a tenant fails to deposit owed rent into the court’s registry as mandated by law, which is a necessary step before eviction proceedings can be initiated. The document contains sections for the landlord to fill in their name, the tenant’s name, the case number, and other relevant details regarding the legal action. Once completed, this form is submitted to the county court, and if the motion is granted, a default judgment is entered against the tenant. This judgment can significantly impact the tenant, including potential eviction and a mark on their legal record. The form concludes with a signature line for the County Judge, marking the official decision and order of the court.
Here is a step-by-step guide to help you fill out this form in Pinellas County, Florida:
Basic Information
- Landlord’s Name: At the top of the form where it says “(Insert name of Landlord),” fill in your full legal name or the legal name of the entity that owns the property.
- Case Number: Enter the case number as assigned by the court. This number is crucial for identifying your case in the legal system.
- Division: Input the division of the court handling your case, if applicable. This might be provided by the court clerk.
Plaintiff and Defendant Information
- Plaintiff: You are the plaintiff as the landlord initiating this motion. Confirm that your name is correctly filled in the designated spot.
- Defendant: Fill in the tenant’s full legal name where it says “(Insert name of Tenant).”
Motion Details
- Details of the Complaint: In the motion section, clearly specify why you are requesting a default. Detail that the tenant failed to deposit the rent into the court’s registry as required by law. Include any pertinent dates or amounts that are relevant to the case.
Judge and Court Information
- Judge’s Order and Date: This section is typically filled out by the court. It includes the date the judge orders the default and is signed by the County Judge.
Signing the Form
- Landlord/Plaintiff Signature: Sign your name at the designated spot to affirm that the information provided is accurate and that you are officially filing this motion.
Submission
- Submission: Review the form to ensure all information is correct and complete. Submit the form to the county court where your property is located. Make sure to keep copies for your records and consider seeking legal advice to ensure the process is handled correctly.
Additional Notes
- Legal Representation: If you are unsure about any part of the form or the legal implications, it is advisable to consult with an attorney who specializes in landlord-tenant law.
- Court Fees: Check if there are any filing fees associated with submitting this form and prepare to pay them upon filing.
By following these steps, you should be able to accurately complete and submit the Motion for Court Default in Pinellas County, Florida.