Form 8 – Summons – Damages Claim in Florida
The document “Form 8 – Summons – Damages Claim in Florida” is a legal form used in the state of Florida for initiating a lawsuit aimed at recovering back rent and damages from a tenant. It is part of a set of forms required when a landlord seeks both eviction and monetary compensation, as specified under Florida Rule of Civil Procedure 1.070 (2007). This particular form should be prepared and delivered alongside Form 7 to the Clerk of the Court at the time of filing the complaint for damages if the lawsuit includes claims for back rent.
The form is structured to include spaces where the landlord fills in specific details such as the county of the court, names of the landlord and tenant, and the case number. It mandates the tenant to serve written defenses against the claims of back rent and damages within 20 days of service, excluding the day of service. Failure to comply by the tenant may lead to a default judgment in favor of the plaintiff for the requested relief.
The form also contains procedural guidance, indicating the process for submission to the court and service upon the tenant by an authorized process server. Additionally, it bears a section for the court’s seal and signature by the deputy clerk, emphasizing its official use in legal proceedings. The form advises users that while it provides essential information, it may not comprehensively cover all Florida legal requirements and suggests consulting an attorney if necessary. This form is approved under rule 10-2.1(a) of the Rules Regulating The Florida Bar, updated as of 2010.
Filling out Form 8 summons Florida, can be a critical step in a legal procedure involving a damages claim for back rent against a tenant. Here is a step-by-step guide on how to complete this form:
Court Information
- County Name: At the top of the form, where it says, “IN THE COUNTY COURT, IN AND FOR ______________ COUNTY, FLORIDA”, fill in the county in which the rental property is located.
Party Information
- Landlord’s Name: In the space provided for “[insert name of Landlord]”, enter the full legal name of the landlord filing the claim.
- Tenant’s Name: In the space provided for “[insert name of Tenant]”, enter the full legal name of the tenant against whom the claim is being made.
Case Number
- Case Number: Enter the case number assigned by the Clerk of the Court in the space marked “[insert case number assigned by Clerk of the Court]”. This is usually provided after filing the initial complaint.
Landlord’s Contact Information
- For the sections within the summons that require the landlord’s name and address for the service of written defenses, fill in the landlord’s name and the address where the tenant or their legal representative should send their response.
Date and Court Seal
- Date: Write the date when the summons is filed in the space provided: “this ___ day of ___________, 20“.
- The court’s seal and signature of the Deputy Clerk will be added by the court when the document is processed.
Additional Information
- At the end of the form, you might find space for information regarding who assisted in completing the form:
- Name: Include the name of the individual or service that helped fill out the form.
- Address: Provide the address of the individual or service.
- Telephone Number: List a contact number for further communication.
Important Notes:
- Multiple Defendants: If there are multiple tenants (defendants), ensure all their names are included in the form where specified.
- Legal Review: Given the legal nature of this document, it’s advisable to consult with an attorney to ensure that the form complies with current laws and that all information is accurate.
- Submission: Attach this form to a copy of the complaint and submit it to the Clerk of the Court. The Clerk will execute the document and then it should be delivered to an authorized process server for service upon the tenant.
Following these steps will help ensure that the summons is properly filled out and ready for legal proceedings.