NOTICE: Litigation forms and instructions are provided by the Florida Supreme Court for use by persons not represented by legal counsel. The Clerk provides access to these forms and instructions as a matter of public convenience. However, the Clerk cannot provide legal advice to persons who want to use these forms. Specific guidance as to how to proceed with filing a lawsuit and questions about your particular situation should be directed to a qualified attorney.
After the five (5) business days for the tenant to respond to the written summons has passed and the tenant has not filed an answer and/or deposited all the rent due, you may proceed with the lawsuit. When you are ready to request a judgment, please complete the appropriate documents.
Choose one of the forms listed below:
- Motion for Default (form COCV 1215), if the tenant has not filed a response nor deposited rent.
- Motion for Immediate Default (form COCV 1118) if the tenant has filed a response but did not deposit the past due rent or deposited only part of the rent due.
Complete all of the forms listed below in all non-payment situations:
- Affidavit in Proof of Claim and non-Military Service (form COCV 1241): Complete all of the information requested in the form. You need to sign this form before a notary public or a deputy clerk. There is a fee for the oath and notarization by a deputy clerk and personal identification is required.
- Judgment for Possession - Count I (form COCV 1774): Complete all of the information requested in the form. Check one of two lines directing when the writ of possession shall be issued. Print or type in the amount of court costs expended (filing fee and cost for service of the summons).
- Writ of Possession (form COCV 1239): Complete all of the information requested in the form. Print or type the name, address and telephone number of the person to be contacted by the deputy on the lines at the lower left side of the form. This is the person that will be contacted at the time that the writ of possession is enforced.
If the tenant files an answer and deposits ALL of the rent due, you must prepare and file a Request for Hearing. No pre-printed form is available for a Request for Hearing. After a hearing, form COCV 1774 and form COCV 1239 may need to be completed.
All completed forms are filed with the Clerk's Office, County Civil Division, and are submitted to the judge for review.
Submitting a final judgment if your complaint is for reasons other than non-payment of rent
Submitting a final judgment for past due rent count II
Tenant Rights and Help Resources
Serving Summons, Documents and Subpoenas