Form 77 – Motion For Clerk’s Default – Damages (Residential Eviction) in Florida

Form 77, titled “Motion for Clerk’s Default – Damages (Residential Eviction)” in Florida, is a legal document used in residential eviction cases when a tenant fails to respond to a complaint for back rent and damages within the stipulated time frame of 20 days. When a defendant receives a summons in a civil case, including eviction cases, they typically have 20 days to response to summons Florida. This response should be a formal answer to the complaint, addressing each allegation and stating any defenses the defendant may have. Failing to respond within the 20-day period may result in a default judgment being entered against the defendant. This 20-day period starts from the day after the summons is served. It is crucial for defendants to be mindful of this timeframe to ensure that they preserve their legal rights and have an opportunity to contest the case in court. This is critical as failing to do so can result in the landlord obtaining a clerk’s default, and potentially a default final judgment against the tenant.

This form is part of a series including other related forms, such as Form 76 for eviction complaints, Forms 78 and 79 for final judgments, and Form 80 for damages affidavits. The process outlined in Form 77 involves two key steps: obtaining the clerk’s default by submitting the motion and the nonmilitary affidavit Florida (Form 81) to the clerk of the court, and subsequently securing a default final judgment from the judge through additional motions and an affidavit of damages. The form mandates that a copy of the motion and the affidavit must be served on the defendant to ensure due process.

Filling out Form 77 involves providing specific legal and personal information to formally request a clerk’s default judgment against a tenant who has failed to respond to a damages complaint. Here is a step-by-step guide to help you correctly fill out this form:

Step-by-Step Instructions to Fill Out Form 77

Section 1: Court Information

County and Court

• At the top of the form, fill in the name of the county where the rental property is located next to “IN THE COUNTY COURT, IN AND FOR.”

1. • Ensure the information matches the jurisdiction of the property and court handling the case.

Section 2: Parties Involved

Landlord Details

1. • Enter the full name of the landlord (plaintiff) where indicated.

Tenant Details

1. • Enter the full name of the tenant (defendant) in the corresponding field.

Section 3: Case Information

Case Number

1. • Input the case number assigned by the Clerk of the Court. This can be found on previous court documents related to this case.

Section 4: Motion Details

Defendant’s Name

1. • In the section that starts with “Plaintiff asks the Clerk to enter a default against,” enter the full name of the tenant against whom the default is sought.

Reason for Default

1. • Ensure it is clear that the motion is for the tenant’s failure to respond to the complaint for damages as required by law.

Section 5: Landlord’s Contact Information

Contact Information:

1. • Fill in the landlord’s name, address, and telephone number in the provided spaces. This information is vital for court communications and documentation.

Section 6: Date and Clerk Information

Date and Signature

1. • Date the form when filling it out.
   • The section “By:” is typically for the Deputy Clerk’s signature, indicating that the Clerk’s office has received and filed the motion.

Section 7: Certificate of Service

Service Documentation

1. • Confirm that a copy of the motion and any accompanying documents (like Form 81, Nonmilitary Affidavit) have been served on the tenant. This is verified through the certificate of service at the end of the form.

Additional Notes

Consultation with an Attorney

• • Legal forms and proceedings can be complex and have significant consequences. It is recommended to consult with an attorney to ensure that all legal requirements are met and the form is filled out correctly.

Submitting the Form

• • Once completed, the form should be delivered to the Clerk of the Court along with any required accompanying documents (e.g., Nonmilitary Affidavit).
  • Ensure all copies are made for records and further proceedings, including serving the tenant.

This form, along with the right documentation, facilitates the legal process in obtaining a default judgment against a tenant for unpaid damages and back rent under Florida law. Always ensure that the information provided is accurate and submitted in a timely manner to avoid delays in the legal process.