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I filed eviction papers.judge heard case, defendant agreed to move but didn't. Filed handwritten note to judge def. hadn't moved

Sarasota, FL |
Filed under: Lawsuits and disputes

recd order, the case ws being transferred to circuit civil division & assigned a new case number. Along with an add'l filing fee of $215. which I paid to the court. I haven't heard a word from anyone. What is the next step

Attorney Answers 2


Strange that this would be transferred to Circuit unless you are owed a lot from your tenant. But, in any event, the next step in your situation is probably to file a motion requesting summary judgment and then setting a hearing to occur at least 20 days after the you serve that motion on the defendant. The motion should include an affidavit from you setting forth all the facts that justify you obtaining an eviction (in many ways, this is just you swearing to the facts as set forth in the complaint, including any specific damages incurred). You'll request a final judgment of eviction at that hearing.

This assumes that the defendant filed something in response to your complaint, which I assume to be the case given the facts about the parties reaching an agreement. If the defendant has filed nothing, you may be able to file a motion for default and default judgment, which MAY get you to judgment more quickly and without the need for a hearing.

The information provided in this and other answers on Avvo are general in nature and limited to the facts as stated. The information provided in this and other answers on Avvo should not be construed as legal advice on which the reader relies without further consultation with an attorney. No attorney-client relationship is created on Avvo question & answer forums. This attorney is licensed and admitted to practice law in the State of Florida only.

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If you have sued for eviction based upon NON-PAYMENT OF RENT, then the Florida Statutes require that the Defendant(s) post the amount of rent claimed in the "registry of the Court" within 5 days of being served with the Summons (and the lawsuit) - meaning, the Defendants must pay the rent money to the Court, or else the Defendant AUTOMATICALLY loses! If you have sued for NON-PAYMENT OF RENT, and this money has not been put into the Courts "registry," then, you should immediately file a Motion for Default Final Judgment - based upon the failure of the Defendants to post the required money. This means you should automatically win.

If you have also filed a "Count 2" requesting a money judgment for past rent that you are owed, the time-frame for that response is different. You have to wait 20 days, not 5 days, for the Defendant to answer about whether he/she/they owe(s) the money or not. That may require a trial. If that happens, make sure you bring all the paperwork related to the Lease, any communications to/from the Tenant, and a record of any payments made.

You can do this without an attorney, but, lawyers will make it easier. Also, Florida Statutes will provide for you to get an additional amount of money in your Judgment for the attorney's fees, and filing fees, that you pay in such a lawsuit (if you win). Good luck!

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