After a complaint has been served (by process server), you may move for a default after 20 days (Add 5 days to allow for service by mail) by submitting the following. However, a default is often not the same as a Final Executable Judgment, so I generally filed the following:
Page 1
IN THE CIRCUIT COURT OF THE EIGHTEENTH
JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY , FLORIDA
CASE
NO.: 05-2007-CA-0XXX-XXXX-XX
IRONCLAD
INVESTMENTS, INC.
Plaintiff,
vs.
ROLAND LASTNAME, SUSAN
SURNAME, and the BOARD OF
Defendants.
__________________________________/
MOTION FOR DEFAULT
Plaintiff
moves for entry of a default by the clerk in this action against the Defendants
ROLAND LASTNAME and SUSAN SURNAME, for failure to
serve any paper on the undersigned or file any paper as required by law.
CERTIFICATE
OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Kristen Dorsey, Esq., Assistant County
Attorney, Office of the Brevard County Attorney, 2725 Judge Fran Jamieson Way,
Building C, Suite 308, Viera, FL 32940, Roland LASTNAME,
ADDRESS, Susan SURNAME, ADDRESS by
U.S. mail this 4th day of February, 2008.
By: __________________________________________
Michael
B. Lesage
321-269-6833
Attorney
for the Plaintiff
Page 2
IN THE CIRCUIT COURT OF THE EIGHTEENTH
JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY , FLORIDA
CASE
NO.: 05-2007-CA-0xxxx-XXXX-XX
IRONCLAD
INVESTMENTS, INC.
Plaintiff,
vs.
ROLAND LASTNAME, SUSAN
SURNAME, and the BOARD OF
Defendants.
__________________________________/
DEFAULT
A default is
entered in this action against Defendants ROLAND LASTNAME and SUSAN SURNAME, named in the
foregoing motion, for failure to serve or file any paper as required by law.
Dated on
this _____ day of ____________________, 2008.
CLERK
OF THE CIRCUIT COURT
(SEAL)
As
Clerk of the Court
By: _______________________________
As Deputy Clerk
Page 3
IN THE COUNTY COURT FOR
CASE NO.: 05-2008-SC-00XXXX-XXXX-XX
NONSTANDARD OIL COMPANY, INC.,
Plaintiff,
-vs-
JOHN DOE CONSTRUCTION, INC.,
Defendant.
____________________________________/
MOTION
FOR DEFAULT JUDGMENT
COMES
NOW the Plaintiff, NONSTANDARD OIL COMPANY, INC., and moves this Court for the
entry of a Default Judgment on liability and damages, and would show:
1. That the Clerk of the Circuit Court has
entered a default against the Defendant, JOHN DOE
CONSTRUCTION, INC., on the issue of liability.
2. This is a contract action, and the
Affidavit of Jack S. LASTNAME, Jr., President
of NONSTANDARD OIL COMPANY, INC., has
established the following damages:
Principal: $4,765.79
Pre-Judgment
Interest 645.00
Court Costs
and Fees 275.00
Total: $5,685.79
For
a Total of $5,685.79.
3. Plaintiff requests that the judgment
debtor complete under oath Florida Rule of Civil Procedure Form 1.977,
including all required attachments, and serve it on the creditor’s attorney,
within 45 days from the date of this final judgment, unless the final judgment
is satisfied.
4. Plaintiff requests that this Court
retain jurisdiction to enter further Orders that are proper to compel the
Judgment debtor to complete form 1.977, including all required attachments, and
serve it on the judgment creditor’s attorney,.
WHEREFORE,
Plaintiff prays for the entry of a Judgment against Defendant, and in favor of
Plaintiff, for the sum of $5,685.79, plus statutory interest, and that this
Court will retain jurisdiction of this action.
By: _________________________________________
Michael
B. Lesage
321-269-6833
Attorney
for the Plaintiff
Page 4
IN THE COUNTY COURT FOR
CASE NO.: 05-2008-SC-00XXXX-XXXX-XX
NONSTANDARD OIL COMPANY, INC.,
Plaintiff,
-vs-
JOHN DOE CONSTRUCTION, INC.,
Defendant.
____________________________________/
AFFIDAVIT OF INDEBTEDNESS
STATE
OF FLORIDA
)
SS.
BEFORE ME, the undersigned authority, personally appeared Jack S. LASTNAME, Jr.,
as President of NONSTANDARD OIL COMPANY, INC., who, after being first duly sworn, deposes and says:
1. That I am the President of NONSTANDARD
OIL COMPANY, INC., and as such is authorized to make this Affidavit.
2. That NONSTANDARD OIL COMPANY, INC. did
provide Defendant with oil on credit, for which no payment has been
received.
3. Pursuant to the agreement between the
parties, Defendant accepted delivery of oil with the understanding that
interest would accrue at the rate of 1.5 % monthly on all balances unpaid over
30 days.
4. That
this account has been under my supervision, and that I am familiar with the
charges dues and payable thereunder, and with the financial records kept in
connection with this account.
5. That there is now unpaid on the
following principal amount:
Invoice Date Amount
Total
$4765.79
6. The following interest has accrued on
the unpaid principal amount
Invoice Date Amount Monthly Interest Accrual Total
Interest
Interest Began Charge
Total Interest Charges: $645.00
7. That the following sums were expended
in bringing this action:
County Court Filing Fee: $255.00
Service of Process Fee: 20.00
Total:
$275.00
8.
The total now due Plaintiff is the following:
Principal Amount Due: $4765.79
Interest Charges: 645.00
Court Fees: 275.00
Total: $5685.79
7. That the Plaintiff has performed all
conditions precedent to the commencement of this action.
FURTHER AFFIANT SAYETH
NOT.
NONSTANDARD OIL COMPANY,
INC.,
By: _______________________________
Name: Jack S. LASTNAME, Jr.____________
Its: President________________________
STATE OF FLORIDA
Sworn to
and subscribed before me this _______ day of February, 2008, by Jack S. LASTNAME, Jr., as President of NONSTANDARD
OIL COMPANY, INC., who is
q
personally
known to me, or who
q
produced a
current driver’s license, number ____________ as identification.
{Notary Seal must be affixed}
Signature of Notary
Name of Notary (Typed, Printed or
Stamped)
Commission Number (if not legible on
seal):________________
My Commission
Expires (if not legible on seal):
IN THE CIRCUIT COURT OF THE
EIGHTEENTH JUDICIAL CIRCUIT, IN AND FOR BREVARD COUNTY, FLORIDA
CASE NO.: 05-2009-CA-0XXXX-XXXX-XX
NONSTANDARD OIL COMPANY, INC.,
Plaintiff,
-vs-
JOHN DOE CONSTRUCTION
Defendant.
____________________________________/
FINAL JUDGMENT AGAINST JOHN DOE
CONSTRUCTION
THIS CAUSE having come before the Court
on the Plaintiff’s Motion for entry of a Final Summary Judgment of Default and
Damages, and after entry of Default against Defendant, and the Court, having
considered the Motion, reviewed the file, Affidavits of the Parties, and
otherwise being fully advised in the premises, it is thereupon
ORDERED AND ADJUDGED:
1. That Judgment shall be issued in favor
of Plaintiff and against Defendant JOHN DOE
CONSTRUCTION, with Tax Id number:
1234, in the amount of $48,128.78, with interest accruing at
the statutory rate, and Plaintiff shall recover that amount from
Defendant.
2. The address of the Plaintiff is 1
Rue Ave , Titusville , FL
32780
3. It is further
ordered and adjudged that the judgment debtor(s) shall complete under oath
Florida Rule of Civil Procedure Form 1.977 (Fact Information Sheet), including
all required attachments, and serve it on the judgment creditor's attorney,
within 45 days from the date of this final judgment, unless the final judgment
is satisfied.
4. Jurisdiction of this case is
retained to enter further orders that are proper for Execution and/or
Garnishment, and to compel the Judgment debtor to complete form 1.977, including all required attachments, and serve it on the
judgment creditor's attorney.
DONE AND ORDERED in Chamber at Viera ,
Florida
__________________________________
Honorable
CHARLES A. JUDGE
Circuit
Court Judge
Copies furnished to
MICHAEL B. LESAGE, 815 S.
Washington Ave , Titusville , FL 32780
DEF name and address.
February 27, 2008
Honorable Judge Judginess
Circuit Court Judge
RE: NONSTANDARD OIL COMPANY, INC. vs. JOHN
DOE CONSTRUCTION, INC.
CASE
NO.: 05-2008-SC-00XXXX-XXXX-XX
Dear Judge Judginess,
Please find
enclosed my Motion for Default Judgment, an Affidavit establishing damages, and
my Proposed Final Judgment. Should the
documents be incorrect or incomplete in any way, please inform me so that I may
make any necessary changes.
Very Truly Yours
MICHAEL B. LESAGE,
Esq.
321-269-6833
Thank you :> )
ReplyDeleteNice clean template good to be used as a starting point.
Very helpful, Do you file one document at a time or all at once?
ReplyDeleteThanks, pioneerinvest@bellsouth.net
It seems that rule 1.190 paragraph A allows for a ten day response from defendant. It appears twenty days onthe initial complaint .
ReplyDelete"A party shall plead in response to an amended pleading within 10 days after service of the amended pleading unless the court otherwise orders." Is this correct ? Thank you
WHY ON SOME OF YOUR FORMS ABOVE DO YOU HAVE
ReplyDelete" IN THE CIRCUIT COURT" AND SOME PAGES ARE " IN THE COUNTY COURT"
Shouldnt they all be the same heading for the court??