If a sufficient envelope and postage is not provided, your summons will not be returned. Typically these bonds can be a cash deposit, or a surety bond issued by an surety company licensed to do business in the State of Florida. Links to the authorizing statutes or rules are included in the chart. The Clerk does not maintain a list of surety companies which issue surety bonds and cannot advise which bond would apply under any particular circumstances or situation.
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You may wish to consult with an attorney for advice and further information. An annulled marriage is one that is voided back to the beginning, as if it never took place. Divorce decree operates only to terminate the marriage from that point forward and does not affect the former validity of the marriage. Annulment actions can be filed in Civil but we have no paperwork or forms.
Either party can do this. The existence of such a relationship shall be determined based on the consideration of the following factors: A dating relationship must have existed within the past 6 months; The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.
All action in a case is stopped. A dismissal with prejudice stops any further action from taking place. A dismissal without prejudice does not stop further action on the same cause. DOMESTIC VIOLENCE - Any assault, aggravated assault, battery, sexual assault, sexual battery, stalking a ggravated, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit.
It is an action to force payment or a mortgage or other debt secured by a lien. This is usually started because a debt is not being repaid, and leads to the selling of the property to satisfy the debt. These recommendations are then reviewed by the judge and are generally approved unless contrary to the law or the facts of the case. The primary purposes of having general magistrates hear family law matters are to reduce the costs of litigation and to speed up cases. The General Master may hear uncontested dissolution of marriage proceedings and other matters that are properly referred to them, there must be an order of referral signed by a judge before a General Master can hear an issue and then files a report that includes findings of fact and conclusions of law, along with recommendations.
The General Master cannot sign orders. The objection must be based on a mistake in law. Only hear cases with Department of Revenue as petitioner. A support enforcement hearing officer does not have the authority to hear contested paternity cases. The hearing officer evaluates the evidence and makes a recommended order to the court.
The Report and Recommendations of the Hearing Officer are sent to the judge immediately and the judge signs the orders as soon as possible. If either party objects to the order, an objection must be filed along with the appropriate motion to vacate the motion. The objection must be based on a mistake of law.
These cases are always handled by DOR.
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Filing an appropriate supplemental petition is required, as well as noticing the parties, setting a hearing, and obtaining an order of modification from the court. If a name change is to be done because of dissolution of marriage or adoption, the name change can be done as part of that case if a final judgment has not been entered. If one parent asks for a name change of a minor child ren , process must be served on the other parent, and proof of service on the other parent must be filed with the court.
PATERNITY - an action initiated to determine the father of a child born out of wedlock and to provide for the support of that child once paternity is proved. PLAINTIFF - the person who initially brings the suit or civil action, and who seeks remedy in a court of justice for an injury to or a withholding of rights. The Clerk dockets pleadings and a list of pleadings in a court file is contained on the D screen, in the Civil Mainframe.
The defendant is furnished with reasonable notice of the proceedings against him or her to afford the defendant the opportunity to appear and be heard. Chapter ; or A lewd or lascivious act as defined in F. Chapter ; or Luring or enticing a child as described in F. Chapter ; or Sexual performance by a child, as described in F. Chapter ; or Any other forcible felony wherein a sexual act is committed or attempted. Proceedings in Small Claims Court are usually less formal than in other types of courts, and parties usually represent themselves without the assistance of an attorney.
SUMMONS - a notification to a defendant in an action that an appearance or answer is required or a judgment will be entered against the defendant. The object of the summons is to notify the defendant that he has been sued. Disobeying the subpoena may be punishable as a contempt of court. SUPPORT - an obligation imposed by court order that requires the respondent obligor to pay the petitioner obligee a specified amount of money.
This support can be for spousal support alimony or child support. If the support is for the child, the non-custodial parent pays the custodial parent support. A person who fails to pay the court ordered support may be held in contempt by the court and jailed until the past due amount arrears is paid.
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TERM - indicates the provisions of the court order that determines the amount, frequency, start date, and end date of support. WRIT — a written document issued by a court or the clerk, commanding the party to whom it is addressed to perform or cease performing a specified act. Writ of Execution or Writ of Garnishment. Common types of actions handled by Small Claims Court include goods or services sold, money loans, auto negligence, security deposit refunds and unpaid rent not to include evictions. The Clerk's office has specialized forms for each of these types of actions.
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The Clerk's staff cannot provide you with legal advice. You may seek affordable legal assistance at our Self Help Center. Self Help Center Video. Petersburg Judicial Building can help citizens with legal issues concerning Small Claims Court disputes, divorce and landlord tenant issues when they are not represented by an attorney. This video provides guidelines for preparing and filling out the pre-trial paperwork. Small Claims Process Flowchart. Additional fees are required to serve the parties you are suing.
You may contract with a Private Process Server to have the summons served or send it via certified mail. A list of private process servers compiled by the Pinellas County Sheriff's office is available here. Certified mail service cannot be used as method of service outside the state of Florida.
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However, a post office box, if it is within the state of Florida, can be used to serve via certified mail. The pre-trial will be set within 50 days of filing, usually within 3 to 4 weeks. You will be sent by mail your pre-trial date and time within 7 days of filing. Each person or business you are suing must be served with a Summons to appear in court on the date and time the pre-trial is scheduled.
You can check to see if a party has been served by reviewing the case docket online, HERE.
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If you need to serve the party again, a written request to the Clerk is required. Both parties must appear at the pre-trial or have an attorney appear for them. You should be prepared to present your case to the court at the pre-trial. If the dispute cannot be settled at this time, a trial date will be scheduled by the court for your case to be heard. Witnesses can be subpoenaed for the trial. A trial by jury may be requested by the plaintiff upon written demand when the case is filed or by the defendant within 5 days after service of Notice to Appear at pre-trial. Requesting another pre-trial date must be done in writing.
Your case number and signature must be on the request. Petersburg location. A judge will not be assigned until you go to pre-trial and either a trial is set or an Order is signed. At the trial you will have an opportunity to explain your case to the judge, ask the person s you are suing any questions concerning your claim, present your documentation as discussed at the pre-trial conference and call on your witnesses to help explain your case. If, at any time in the proceedings a settlement is reached between the parties, the plaintiff [person s who filed suit] must notify the Clerk of the Circuit Court's Office, in writing, of the settlement.
If a court date has been scheduled, the judge before whom the case is set should be notified.
If, "A Stipulation to Stay Entry of judgment" was entered into at the pretrial, but the defendants have not complied with it, in order to get a judgment: A sworn notarized statement is needed per paragraph 2 of the Stipulation stating what is left due and owing. The amount cannot exceed the amount of the Stipulation. Once we receive this "Affidavit of Balance Due", the Clerk prepares the Final judgment and sends it to the Judge for signature.
Copies will be mailed to both parties. Although, the court does not collect money damages for you, a judgment lien can be placed against the defendant's name by sending a written request to the Clerk of the Circuit Court to record a certified copy of your Judgment as a Judgment Lien. Fees for recording are set by statute and are subject to change by legislative action. Refer to the current "Schedule of Service Charges" available on this website, as well as in any Clerk's Office for additional information.