What is a county civil case? A county civil case is a legal action filed in county court to settle minor legal disputes among parties where the dollar amount involved is more than $5,000 but does not exceed $15,000. Generally, these cases should be filed only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located. Section 47.011, Florida Statutes. Who may file a county civil case? Any person 18 years or older, and any individual doing business as a company, may file a county civil case. Please be aware that there are limited forms available at the s Office for filing county civil lawsuits. As a practicing Maryland and Florida Keys attorney with over 21 years experience, I am familiar Florida Rules of Civil Procedure for information on filing a county civil case. How is the defendant notified of the case? A defendant is served by a certified process the Leon County s Office or a private process server. For each defendant listed in the complaint/petition, the plaintiff must provide an original and two copies of the Summons. A copy of the complaint/petition and any other documents filed must be attached to the Summons for service. The Monroe County Sheriff's Office and Private Process Servers charge a fee to serve each defendant. What happens after the lawsuit is served? The defendant has a specified time in which to respond to the complaint/petition. If no response is received in the time specified, the plaintiff may file a Motion for Default with the s Office. Once the defendant files a response, or a Motion for Default is entered, it will be necessary for the plaintiff to ask the court to hear the case by motion. |
Civil Litigation |