Form 11 – Writ Of Possession Florida
The “Form 11 – Writ of Possession” also known as a writ of eviction is a legal document used in the state of Florida to enforce a final judgment evicting a tenant. After the court enters the final judgment, this form must be delivered to the Clerk of the Court, who will then sign it. Once signed, the Florida writ of possession is to be delivered to the Sheriff for service upon the tenant. The Sheriff is authorized to forcibly evict the tenant, if necessary, 24 hours after service.
Furthermore, the landlord may request the Sheriff to stand by during the eviction to ensure peace and assist in changing locks and removing the tenant’s personal property. For such services, the Sheriff may charge a reasonable hourly rate, which the landlord is responsible for paying.
The form also requires specific information such as the county, the names of the landlord (plaintiff) and tenant (defendant), the case number, and a detailed description of the rental property. The Writ concludes with a command to the Sheriff to remove all persons from the property and return possession to the landlord, signed, and sealed by the Deputy Clerk of the County Court.
Form 11 is designed to be straightforward in its purpose and must adhere to the provisions outlined in Section 83.62 of the Florida Statutes. It includes a note emphasizing that the form notes are for informational purposes and do not fully describe the requirements of Florida law, advising consultation with an attorney if needed.
Does a writ of possession have to be served?
The answer is “yes”. A writ of possession must be served. Once a court issues a writ of possession, it is generally directed to the local sheriff or another law enforcement officer, who is then responsible for serving the writ to the tenant. The process involves the officer delivering the writ to the tenant, informing them of the legal obligation to vacate the premises within a specified time frame, usually 24 hours.
The serving of the writ marks the final step in the legal eviction process, ensuring that the tenant is formally notified that they must leave the property. Failure to vacate could result in the sheriff forcibly removing the tenant from the property. The purpose of serving the writ is to officially communicate the court’s order and to provide the tenant a final opportunity to leave voluntarily, thus minimizing potential conflict and ensuring that the eviction process is carried out legally and orderly.
Steps to Fill Out Form 11 – Writ of Possession
- County and Court Information
- County Name: Fill in the name of the county where the rental property is located.
- Court Name: This should already be printed as “IN THE COUNTY COURT, IN AND FOR [County Name] COUNTY, FLORIDA.”
- Parties Involved
- Landlord’s Name (Plaintiff): Enter the full name of the landlord who is initiating the eviction.
- Tenant’s Name (Defendant): Enter the full name of the tenant being evicted.
- Case Number
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- Case No.: Enter the case number assigned by the Clerk of the Court. This is typically provided after the final judgment for eviction.
- Property Description
- Property Location: Repeat the county name where the rental property is located.
- Detailed Description: Enter a detailed legal or street description of the rental premises, including unit number if applicable. This should be exactly as described in the court’s final judgment.
- Command to Sheriff
- Sheriff’s County: Fill in the county name again for the Sheriff’s jurisdiction.
- Removal Command: The form has a pre-written command to the Sheriff to remove all persons from the property. No additional input is needed here.
- Date and Clerk’s Signature
- Date: Fill in the date when the writ is being submitted to the Clerk for signature.
- Clerk’s Signature Section: This section will be completed by the Deputy Clerk at the court, so leave it blank.
- Completion Assistance
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- If someone helped you complete the form, enter their name, address, and telephone number at the bottom where indicated.
Additional Tips
- Review and Compliance: Ensure that all information matches the details in the final eviction judgment.
- Consult an Attorney: Since legal forms can have significant consequences, consider consulting an attorney to ensure the form is completed correctly and all legal requirements are met.
- Submission: Deliver the completed form to the Clerk of the Court. Once signed by the Clerk, it should be taken to the Sheriff’s office for enforcement.
This form is crucial for legally regaining possession of your property, and accuracy is essential to avoid delays or legal complications.