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CLERK OF COURT & COMPTROLLER

HILLSBOROUGH COUNTY, FLORIDA



Court Services

Final Judgment for Past Due Rent Count II

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 or answering a lawsuit and questions about your particular situation should be directed to a qualified attorney.

To submit a default judgment for past due rents count II, the summons must be served personally on a resident of the rental property. When completing the following forms, use the same format used for completing count I of the eviction proceeding.

1. If a response is not filed by the tenant:

  • Wait until 20 calendar days have elapsed after personal or substitute service has been obtained (the 20th day must be a business day).
  • If a response is not filed within 20 calendar days, file a Motion for Default as to Count II (form COCV 1215).
  • Complete and have notarized an Affidavit in Proof of Landlord's Claim for Past Due Rents Count II (form COCV 1245). There is a fee for the oath and notarization if performed by the Clerk and personal identification is required.
  • Prepare a Final Judgment for Past Due Rent Count II (form COCV 1271), stating the amount of rent owed, plus costs not awarded in the Judgment for Possession.
  • Submit a copy of the judgment for each of the plaintiff(s) and each of the defendant(s) and addressed, stamped envelopes for each of the plaintiff(s) and each of the defendant(s). The judge's office will mail conformed copies of the judgment to both parties.

2. If a response is filed by the tenant:

  • File a written document titled Request for a Hearing or to Proceed to Judgment. No preprinted form is available. You must complete and have notarized the Affidavit in Proof of Landlord's Claim for Past Due Rents Count II (form COCV 1245). There is a fee for the oath and notarization if performed by the Clerk and personal identification is required. Also complete the Final Judgment for Past Due Rent Count II (form COCV 1271).
  • Submit a copy of the judgment for each plaintiff(s) and each defendant(s), along with addressed, stamped envelopes for each plaintiff and each defendant. The judge's office will mail conformed copies of the judgment to both parties.
  • If a hearing is held on Count II, you may need to complete and submit form COCV 1299.

3. If count II has been resolved:

  • Complete and submit Notice of Dismissal Count II (form COCV 1695).

All completed forms are to be filed with the Clerk's Office, County Civil Division, and are submitted to the judge for review.