Form 79 – Motion For Default Final Judgment – Damages (Residential Eviction) in Florida
Form 79, titled “Motion for Default Final Judgment – Damages (Residential Eviction)” in Florida, is a legal document used in residential eviction cases when a tenant fails to respond to complaints related to eviction or back rent and damages within the stipulated time frames. The form serves as a formal request to the court to issue a default judgment against the tenant for damages incurred. The process involves a two-step approach: obtaining a Clerk’s default by submitting appropriate forms and affidavits and subsequently acquiring a default final judgment from a judge. This form must be accompanied by an Affidavit of Damages (Form 80) and ensures proper service of these documents to the defendant as evidenced by a certificate of service. This document is standardized under Florida law, and the specifics of the landlord, tenant, and case must be filled out accordingly. It also includes notes that it is for informational purposes and recommends consulting an attorney if needed.
Here is a step-by-step guide on how to fill out Form 79:
County and Court Information
- County: At the top of the form, fill in the county where the rental property is located.
- Court: You will find “IN THE COUNTY COURT, IN AND FOR ______________ COUNTY, FLORIDA.” Here, enter the name of the county where the property and the eviction case are situated.
Case and Party Information
- Case Number: Enter the case number assigned by the Clerk of the Court.
- Landlord’s Name: Write the full legal name of the landlord or the plaintiff.
- Tenant’s Name: Write the full legal name of the tenant or the defendant.
Filing Details
- Details of Complaint: Mention the date when the complaint for damages was filed against the tenant.
- Response Deadline: Specify if the tenant has failed to file an answer by the deadline. Note the date on which a default was entered by the Clerk of the Court due to non-response from the tenant.
Affidavit of Damages
- Attachment: Ensure that you attach the Affidavit of Damages (Form 80) to support your motion.
- Details: In the section that reads “In support of this Motion, Plaintiff submits the attached Affidavit of Damages,” make sure the affidavit is correctly filled out and attached.
Service of Motion
- Service Confirmation: Check the appropriate method by which you have served this motion to the tenant (mailed, faxed and mailed, or hand-delivered).
- Service Address: Include the complete address (and fax number, if applicable) where the tenant was served.
Plaintiff’s Contact Information
- Name: Write the full name of the person filing this motion.
- Address: Provide the complete address of the person.
- Telephone Number: Include a contact telephone number.
Certification and Signature
- Certification: The form must be signed by the person filling it out. There is usually a space provided for the signature at the end of the form.
- Date: Don’t forget to date the form on the day you complete and sign it.
Consultation
- Legal Advice: It is recommended that you consult with an attorney to ensure that the form is filled out correctly and complies with current Florida law, as noted in the form’s footer.
By following these steps, you should be able to correctly complete the Form 79 to file for a default final judgment for damages in a residential eviction scenario in Florida. Always double-check for accuracy and completeness before submitting the form to the court.