INSTRUCTIONS FOR FILING A

DECLARATORY JUDGMENT
Compiled by Sherry Coker

IMPORTANT – PLEASE READ

IF NOT PROPERLY COMPLETED AND

PARTIES NOT PROPERLY SERVED, YOUR
CASE MAY BE DISMISSED OR YOU MAY
NOT OBTAIN YOUR FINAL JUDGMENT.
A Declaratory Judgment establishes the rights and other legal relations of the parties
without providing for enforcement. For example, if you purchased a vehicle or boat and
cannot obtain the Certificate of Title from the previous owner, you would need to obtain a
judgment declaring your ownership.

NOTE: Be sure to clearly PRINT your name and the Defendant(s) name in the
Caption (top) of all of the enclosed documents. Also be sure the Case Number is
written in the caption.

REQUIREMENTS TO FILE A CASE. You must be at lease 18 years of age. You may
be an individual, a person Doing Business As (d/b/a) or a corporation. A minor child
must have a parent or legal guardian file on their behalf.

VENUE. Venue is in the County where the property is located.

JURISDICTION. This action must be brought in the court of competent jurisdiction based on
the value of the property. Your claim amount is based on the value of the property. If the amount
of your claim is for $5,000 or less, then jurisdiction would be in Small Claims Court. If the
amount of your claim is from $5,001 to $15,000, then jurisdiction would be in County Civil
Court. THIS PACKET CONTAINS THE DOCUMENTS FOR THESE TWO COURTS.

THIS PACKET IS NOT TO BE USED IF THE AMOUNT OF YOUR CLAIM IS OVER

$15,000, WHICH MUST BE FILED IN CIRCUIT COURT. THIS PACKET IS ONLY
PREPARED FOR COUNTY COURT.

PROPER NAME AND ADDRESS OF DEFENDANT(S). Before filing your claim, you
should make sure you have the proper name(s) and address(s) of the party(s) you want to sue.

Rev. 09/01/2005 1
 If you are suing an individual, and if the spouse will be included in the suit, obtain the
proper name and street address of the spouse. First names must be used and any alias names, if
known. Avoid using "Mr. and Mrs.".
If you are suing a corporation, you must know the correct name of the corporation and
the state in which it is incorporated. Obtain the name and address of an officer of the corporation:
the president, vice president, etc...; or in the absence of any of these, the name and address of the
business agent residing in this state; or the name of the resident agent transacting business for the
corporation in this state. To find this information, you may write or call: SECRETARY OF
STATE OF FLORIDA, Attn: Corporation Division, Tallahassee, Fl. 32304, (850) 488-9000, or
locate them on the internet at http://www.sunbiz.org This information is needed for service on
the corporation.
If you are suing a partnership, you will need to obtain the names and addresses of all of
the partners.
Many individuals, partnerships, and corporations do business under a fictitious name,
such as: Jim Jones d/b/a Baby World; Jim Jones, Joe Black, a partnership, d/b/a Jones & Black
Construction; or XYZ, Incorporated, a Florida corporation, d/b/a Chicken Shack. You cannot sue
a fictitious name because it is not an entity. You have the burden of investigating to determine
whether individuals, partnerships, or a corporation are doing business under a fictitious name.
This information may be determined by calling the Secretary of State, Division of Corporations,
the Occupational License Section of the Tax Collector's Office, or the licensing department of the
City or County where the principal place of business is located.

FILING YOUR CASE: Using black ink, please complete the enclosed CIVIL COVER
SHEET, NOTICE OF PERMANENT MAILING ADDRESS and STATEMENT OF
RESPONSIBILITY forms and file them with the Clerk of Court. A filing fee must be
paid to the Clerk of Court. The Clerk can accept cash, personal or business checks,
cashier checks or money orders.

Please complete the COMPLAINT FOR DECLARATORY JUDGMENT enclosed in

this Packet and sign it in the presence of a Deputy Clerk or Notary Public. Be sure to
attach any additional explanations, if necessary. You will need to fully explain to the
Court how you obtained ownership and possession of the property. Be Specific.
You will also need to explain to the Court the reason you are entitled to ownership.
Your explanation of the reason you are entitled to ownership of the property must
be CLEAR AND CONVINCING. If your complaint is based on an instrument of
writing such as a Bill of Sale, it will be necessary for you to furnish a copy of such
instrument for attachment as an exhibit.

The Defendant(s) will need Service of Process to be served by means of a Summons and
a copy of the complaint and all accompanying documents, if any, by a Deputy Sheriff.
See INSTRUCTIONS FOR SUMMONS: PERSONAL SERVICE ON AN
INDIVIDUAL enclosed in this Packet. The Defendant(s) will have twenty (20) days
from date of service of the Summons in which to file an Answer to the complaint. The
Summons, included in this Packet, must be executed by the Clerk or a Deputy Clerk. If
the whereabouts of the Defendant(s) are unknown, you may use Constructive Service
provided you make an actual, diligent search to discover the location of, and provide
notice to, the Defendant(s). See INSTRUCTIONS FOR CONSTRUCTIVE
SERVICE enclosed in this Packet.

Rev. 09/01/2005 2
 If the Defendant(s), after having Service of Process by either Summons or
Constructive Service, has not responded to the complaint, you may file the MOTION
FOR DEFAULT and DEFAULT included within this Packet with the Clerk of Court.

In addition, please complete and file the MOTION FOR HEARING enclosed in
this Packet, and provide the Court with stamped envelopes addressed to you and the
Defendant for mailing of Order Scheduling Hearing. The Court will set a hearing, which
you will need to attend in order to obtain your final judgment.

***NOTICE***
ALL PAPERWORK PROVIDED BY THIS OFFICE IS USED FOR ‘PRO SE’
LITIGANTS ONLY. ‘PRO SE’ MEANS THAT YOU ARE ACTING AS YOUR
OWN ATTORNEY. ACTING AS YOUR OWN ATTORNEY MAKES YOU
RESPONSIBLE FOR EVERYTHING THAT INVOLVES YOUR CASE FILE.
FOR EXAMPLE, IF YOU DO NOT RECEIVE A COURT DATE OR NOTICE
FROM THE CLERK’S OFFICE OR THE JUDGE, IT IS UP TO YOU TO
CONTACT THE JUDGE FOR A HEARING DATE.

THIS PACKET PREPARED BY:

HONORABLE DON T. HALL HONORABLE NADIA K. DAUGHTREY

COUNTY JUDGE INTERIM CLERK OF THE COURT
DESOTO COUNTY, FLORIDA DESOTO COUNTY, FLORIDA
115 EAST OAK STREET, SUITE 201 115 EAST OAK STREET
ARCADIA, FLORIDA 34266 ARCADIA, FLORIDA 34266

Rev. 09/01/2005 3
 FORM 1.997 CIVIL COVER SHEET
The civil cover sheet and the information contained herein neither replace nor supplement the filing and
service of pleadings or other papers as required by law. This form is required for the use of the Clerk of
Court for the purpose of reporting judicial workload data pursuant to Florida Statute 25.075.
________________________________________________________________________

I. CASE STYLE

IN THE COUNTY COURT IN AND FOR DESOTO COUNTY, FLORIDA

_______________________________
_______________________________
_______________________________
Plaintiff (Name and Address)

vs. CASE NO. ___________________

_______________________________
_______________________________
_______________________________
Defendant (Name and Address)
______________________________________________________________________________

II. TYPE OF CASE (Place an x in one box only. If the case fits more than one type of
case, select the most definitive.)
______________________________________________________________________________
Domestic Relations Torts __Other Civil

____ Simplified dissolution ____ Professional ____ Contracts

Malpractice ____ Condominium
____ Dissolution ____ Products Liability ____ Real property/
____ Support – IV-D ____ Auto negligence Mortgage
foreclosure
____ Support – Non IV-D ____ Other negligence ____ Eminent
____ URESA – IV-D Domain
____ URESA – Non IV-D ____ Other
____ Domestic Violence ____ Eviction
____ Other domestic relations ____ Small Claims
______________________________________________________________________________

III. Is Jury Trial Demanded in Complaint?

____ Yes
____ No
______________________________________________________________________________

Date: ___________________ __________________________________________

Plaintiff’s signature/Signature of Plaintiff’s Attorney

Rev. 09/01/2005 4
 IN THE COUNTY COURT IN AND FOR DESOTO COUNTY, FLORIDA

________________________________
________________________________
________________________________
(Name and Address)
Plaintiff(s),

vs. CASE NO. ___________________

________________________________
________________________________
________________________________
(Name and Address)
Defendant(s).
______________________________________/

NOTICE OF PERMANENT MAILING ADDRESS

I/We, _________________________________, the Plaintiff(s) in the above styled cause of action

hereby certify that my/our permanent mailing address is as follows:
________________________________________
________________________________________
________________________________________
Phone: __________________________________

I/WE UNDERSTAND THAT ONLY THIS ADDRESS WILL BE USED BY THE COURT,
THE OPPOSING PARTY, AND ANY INTERVENING PARTIES TO THIS CASE FOR THE
PURPOSE OF PROVIDING ME WITH:

a. Notice of all future hearings in this case, and

b. Any Court documents and papers pertaining to this case.

I/We understand that all notices and court papers in this case will be sent to me/us only at the
above address and that in the event personal service of any court documents is necessary that they will first
be attempted to be served at the above listed address unless and until I/We notify the court of my/our new
address. I/We also understand that if I/We change my/our permanent mailing address or residence address,
I/We must notify the Clerk of Court of my/our new address in writing by completion of another form
similar to this form at the following address within one week of the change of address and with a copy
being furnished to all parties:
CLERK OF COURT
County Civil/Small Claims Division
115 East Oak Street
Arcadia, Florida 34266

I/We have read this document and I/We understand that it is my/our responsibility to keep the
Court informed of any change in my/our current address. I/We understand that copies of any court
documents and notice of all future hearings which are mailed to my/our current address set forth herein will
constitute proper notice and service, and the Court may proceed on all matters noticed and mailed to the
above address even if I/We do not appear for said hearing.

Dated: _____________________ ___________________________________________

Signature

Rev. 09/01/2005 5
 IN THE COUNTY COURT IN AND FOR DESOTO COUNTY, FLORIDA

________________________________
________________________________
________________________________
(Name and Address)
Plaintiff(s),

vs. CASE NO. ___________________

________________________________
________________________________
________________________________
(Name and Address)
Defendant(s).
______________________________________/

STATEMENT OF RESPONSIBILITY
(Civil Case $15,000.00 or less)

Before filing this case I have considered the following matters and acknowledge that:

1. This case is being filed in the County Court under the Summary Procedure Rules of
Court; that it is considered a layman's court; that I, and the Defendant(s), may be represented by an
attorney of our individual choice but neither is required to do so, and that the conduct of this case will be in
accordance with the rules of procedure and laws of Florida which apply to this case.

2. The naming of proper parties is an important element of the case and the responsibility
for naming the proper Plaintiff(s) and Defendant(s) in this case is mine.

3. I am responsible for the furnishing of a correct address or location at which the

Defendant(s) can be served or given notice of this suit.

4. I assume responsibility as to my right to file this case for myself or for the named
Plaintiff(s).

5. I do not expect the Clerk, who received and files this claim, to give me legal advice as to
how to prosecute this case and acknowledge that the Clerk is not acting as my attorney or legal advisor.

6. I am solely responsible for the collection of any judgment entered in my favor.

Dated: _________________ _________________________________________

Signature
_________________________________________
_________________________________________
Address
Phone: ___________________________________

Rev. 09/01/2005 6
 IN THE COUNTY COURT IN AND FOR DESOTO COUNTY, FLORIDA

_______________________________
_______________________________
_______________________________
(Phone)_________________________
Plaintiff,

vs. CASE NO. __________________

_______________________________
_______________________________
_______________________________
(Phone)_________________________
Defendant.

COMPLAINT FOR DECLARATORY JUDGMENT

Plaintiff, ___________________________ sues Defendant, _________________

______________________, and alleges:

1. This is an action for ownership of personal property located in _______

_____________ County, Florida.

2. The description of the property is:________________________________

_______________________________________________________________________

_______________________________________________________________________.

To the best of Plaintiff’s knowledge, information and belief, the value of the property is

$________________.

3. Plaintiff submits the following as proof of ownership:________________

_______________________________________________________________________

_______________________________________________________________________

(attach evidence).

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 4. Plaintiff is entitled to this property because:________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

______________________________________________________________________.

WHEREFORE, Plaintiff demands judgment for ownership of the above-described

property.

____________________________________
Plaintiff’s Signature

SWORN TO AND SUBSCRIBED before me this ____ day of ______________,

20___.

____________________________________
Notary Public/Deputy Clerk

Rev. 09/01/2005 8
 INSTRUCTIONS FOR SUMMONS:
PERSONAL SERVICE ON AN INDIVIDUAL

When should this form be used?

This form should be used to obtain personal service on the Defendant when you begin
your lawsuit. Service is required for all documents filed in your case. Service means
giving a copy of the required papers to the other party using the procedure that the law
requires. Generally, there are two ways to make service: (1) personal service, or (2)
constructive service.

You will need to find out how much the sheriff charges to serve the papers. The fees to
the Sheriff’s Department must be paid separate from the filing fee and are paid directly to
the Sheriff’s Department. Personal checks are not accepted. You should attach to the
summons a cashier’s check or money order made payable to the sheriff and deliver all of
the paperwork and the fee to the sheriff yourself.

Personal service is required for the Complaint filed by you in this case. You cannot serve
this paper on the Defendant yourself or by mail or by hand delivery. Personal service
must be made by the Sheriff’s Department in the county where the Defendant lives or
works or by a private process server certified in the county where the Defendant lives or
works.

In many counties, there are private process servers who, for a fee, will personally serve
the summons and other documents that require personal service. You should look under
“process servers” in the yellow pages of the telephone book for a list of private process
servers in your area.

How do I start?

When you begin your lawsuit, you need to complete this form (summons). The forms
should be typed or printed legibly in black ink. Next, you will need to take these forms
and, if you have not already done so, file your Complaint with the Clerk of Court in the
county where the property is located. You should keep a copy of the forms for your
records. The Clerk will sign the summons, and then the summons, with a copy of the
Complaint attached, must be delivered to the appropriate Sheriff’s Department or to a
private process service for service on the Defendant.

IF THE DEFENDANT CANNOT BE LOCATED OR DOES NOT LIVEFD IN

FLORIDA: If, after you have made diligent effort to locate the Defendant, you
absolutely cannot locate the Defendant, you may serve the Defendant by publication.
Service by publication is also known as constructive service. You may also be able to
use constructive service if the other party does not live in Florida. See the
INSTRUCTIONS FOR CONTRUCTIVE SERVICE enclosed in this Packet.

Rev. 09/01/2005 9
Special notes…

If you have been unable to obtain proper service on the Defendant within 120 days after
filing your lawsuit, the court will dismiss your lawsuit against the Defendant unless you
can show the court a good reason why service was not made within 120 days. For this
reason, if you had the sheriff serve the papers, you should check with the clerk every
couple weeks after completing the service papers to see if service has been completed.
You may need to supply the sheriff with a new or better address.

If the Defendant fails to respond, i.e., fails to file a written response with the court, within
20 days after the service of the summons, you are entitled to request a default. See the
instructions to Motion for Default and Default for further information.

Rev. 09/01/2005 10
 IN THE COUNTY COURT IN AND FOR DESOTO COUNTY, FLORIDA

___________________________
Plaintiff,

vs. CASE NO. ___________________

___________________________
Defendant.

SUMMONS

IMPORTANT

A lawsuit has been filed against you. You have 20 calendar days after this
summons is served on you to file a written response to the attached complaint with the
Clerk of this Court. A phone call will not protect you. Your written response, including
the case number given above and the names of the parties, must be filed if you want the
court to hear your side of the case. If you do not file your response on time, you may lose
the case, and your wages, money, and property may thereafter be taken without further
warning from the court. There are other legal requirements. You may want to call an
attorney right away. If you do not know an attorney, you may call an attorney referral
service or a legal aid office (listed in the phone book).

If you choose to file a written response yourself, at the same time you file your
written response to the court you must also mail or take a copy of your written response
to the “Plaintiff/Plaintiff’s Attorney” named below.

IMPORTANTE

Usted ha sido demandado legalmente. Tiene 20 dias, contados a partir del ricibo
de esta notificacion, para contester la demanda adjunta, por escrito, y presentarla ante este
tribunal. Una llamada telefonica no lo protegera. Si usted desea que el tribunal considere
su defense, debe presenter su respuesta por escrito, incluyendo el numero del daso y los
numbers de las partes interesadas. Si usted no contesta la demanda a tiempo, pudiese
perder el caso y podria ser despojado de sus ingresos y propiedades, o privado de sus
derechos, sin previo aviso del tribunal. Existen otros requisitos legales. Si lo desea,
puede usted consultar a un abogado immediatamente. Si no conoce a un abogado, puede
llamar a una de las oficinas de assistencia legal que aparecen en la guia telefonica.

Si desea responder a la demanda por su cuenta, al mismo tiempo en que presenta

su respuesta ante al tribunal, debera usted enviar por correo o entregar una copia de su
respuesta a la persona denominada abajo como “Plaintiff/Plaintiff’s Attorney”
(Demandante o Abogado del Demandante).

Rev. 09/01/2005 11
 IMPORTANTE
Des poursuites judiciaries ont ete enterprises contre vous. Vous avez 20 jours
consecutifs a partir de la date de l’assignation de cette citation pour deposer une reponse
ecrite a la plainte ci-jointe aupres de ce tribunal. Un simple coup de telephone est
insuffisant pour vous proteger. Vous etes obliges de deposer votre reponse ecrite, avec
mention du numero de dossier ci-dessus et du nom des parties nommees ici, si vous
souhaitez que le tribunal entende votre cause. Si vous ne deposez pas votre reponse
ecrite dans le relai requis, vos risquez de perdre la cause ainsi que votre salaire, votre
argent, et vos biens peuvent etre saisis par la suite, sans aucun preavis ulterieur du
tribunal. Il y a d’autres obligations juridiques et vous pouvez requerir les services
immediats d’un avocet. Si vos ne connaissez pas d’avocat, vous pourriez telephoner a un
service de reference d’avocats ou a un bureau d’assistance juridique (figurant a l’annuaire
de telephones).

Si vous choisissez de deposer vous-meme une reponse ecrite, il vous faudra

egalement, en meme temps que cette formalite, faire parvenir, ou expediter une copie de
votre reponse ecrite au “Plaintiff/Plaintiff’s Attorney” (Plaignant ou a son avocet) nomme
cidessous.

__________________________________
Plaintiff/Plaintiff’s Attorney
__________________________________
__________________________________
Address
Florida Bar No. _____________________

THE STATE OF FLORIDA:

To Each Sheriff of the State:

YOU ARE COMMANDED to serve this summons and a copy of the complaint in
this lawsuit on the above-named defendant.

DATED on ________________________.

NADIA K. DAUGHTREY
INTERIM CLERK OF COURT

(SEAL)
By:_________________________________
Deputy Clerk

Rev. 09/01/2005 12
 INSTRUCTIONS FOR CONSTRUCTIVE SERVICE

When should this form be used?

This form may be used to obtain constructive service (also called service by publication)
in a case if you do not know where the Defendant lives or if the Defendant lives outside
Florida and you are unable to obtain personal service. However, if you use constructive
service, the court may grant only limited relief because its jurisdiction is limited. This is
a complicated area of the law and you may wish to consult an attorney before using
constructive service.

You must also complete and file an AFFIDAVIT OF DILIGENT SEARCH AND
INQUIRY, which is included in this Packet. This form includes a checklist of places you
can look for information on the location of the Defendant(s). While you do not have to
look in all of these places, the Court must believe that you have made a very serious
effort to get information about the Defendant(s) location and that you have followed up
on any information you received.

You should also complete and file a NOTICE OF ACTION with the Clerk for their
execution of same. After the Clerk has signed this form you must deliver it to a qualified
local newspaper to be published for four (4) consecutive weeks. When in doubt, ask the
Clerk which newspapers in your area are “qualified”. The newspaper will charge you for
this service.

Be sure to keep copies of the Affidavit of Diligent Search and Inquiry and Notice of
Action for your records.

Special notes…

If the Defendant fails to respond to your Complaint within the time limit stated in the
Notice of Action that is published, you are entitled to request a default. See
ISTRUCTIONS FOR MOTION FOR DEFAULT AND DEFAULT enclosed in this
Packet.

Rev. 09/01/2005 13
 IN THE COUNTY COURT IN AND FOR DESOTO COUNTY, FLORIDA

_____________________________
Plaintiff,

vs. CASE NO. ___________________

_____________________________
Defendant.

AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY

I, (full legal name) ___________________________________, being sworn,

certify that the following information is true:

1. I have made diligent search and inquiry to discover the name and current
residence of Defendant: (Specify details of search) Refer to checklist below and
identify all actions taken (any additional information included such as the
date the action was taken and the person with whom you spoke is helpful)
(attach additional sheet if necessary):
[X all that apply]
____ United States Post Office inquiry through Freedom of Information Act for current address or
relocations.
____ Last known employment of Defendant, including name and address of employer. You should also
ask for any addresses to which W-2 Forms were mailed, and, if a pension or profit-sharing plan
exists, then for any addresses to which any pension or plan payment is and/or has been mailed.
____ Unions from which Defendant may have worked or that governed particular trade or craft.
____ Regulatory agencies, including professional or occupational licensing.
____ Names and addresses of relatives and contacts with those relatives, and inquiry as to Defendant’s
last known address. You are to follow up any leads of any addresses where Defendant may have
moved. Relatives include, but are not limited to: parents, brothers, sisters, aunts, uncles, cousins,
nieces, nephews, grandparents, great-grandparents, former in-laws, stepparents, stepchildren.
____ Information about the Defendant’s possible death and, if dead, the date and location of the death.
____ Telephone listings in the last known locations of Defendant’s residence.
____ Internet at http://www.switchboard.com or other Internet people finder or the library checked for
me.
____ Law enforcement arrest and/or criminal records in the last known residential area of Defendant.
____ Highway Patrol records in the state of Defendant’s last known address.
____ Department of Motor Vehicle records in the state of Defendant’s last known address.
____ Department of Corrections records in the state of Defendant’s last known address.
____ Title IV-D (child support enforcement) agency records in the state of Defendant’s last known
address.
____ Hospitals in the last known area of Respondent’s residence.
____ Utility companies, which include water, sewer, cable TV, and electric, in the last known area of
Defendant’s residence.
____ Letters to the Armed Forces of the U. S. and their response as to whether or not there is any
information about Defendant.
____ Tax Assessor’s and Tax Collector’s Office in the area where Defendant last resided.
____ Other: (explain) ____________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

Rev. 09/01/2005 14
2. The age of Defendant is {X one only] (__) known {enter age} ___________ or (__) uhnknown.
3. Defendant’s current residence
[X one only]
____ a. Defendant’s current residence is unknown to me.
____ b. Defendant’s current residence is in some state or country other than Florida, and Defendant’s
last known address is: ___________________________________________________________
_____________________________________________________________________________.
____ c. The Defendant, having residence in Florida, has been absent from Florida for more than 60
days prior to the date of this affidavit, or conceals him(her)self so that process cannot be served
personally upon him or her, and I believe there is no person in the state upon whom service of
process would bind this absent or concealed Defendant.

I understand that I am swearing or affirming under oath to the truthfulness

of the claims made in this affidavit and that the punishment for knowingly making a
false statement includes fines and/or imprisonment.

Dated: _____________________ __________________________________

Signature of Plaintiff
Printed Name: __________________________
Address: _____________________________
City, State, Zip: _________________________
Telephone Number: _______________________
Fax Number: ___________________________
STATE OF FLORIDA,
COUNTY OF _________________.

Sworn to or affirmed and signed before me on ___________ by ___________________.

__________________________________
Notary Public or Deputy Clerk
____ Personally known
____ Produced identification
Type of identification produced __________________________________

Rev. 09/01/2005 15
 IN THE COUNTY COURT IN AND FOR DESOTO COUNTY, FLORIDA

___________________________
___________________________
Plaintiff,

vs. CASE NO. ___________________

___________________________
___________________________
Defendant.

NOTICE OF ACTION

TO: ________________________

YOU ARE NOTIFIED that an action for establishment of ownership of personal

property described as: _____________________________________________________
_______________________________________________________________________
has been filed against you and you are required to serve a copy of your written defenses,
if any, to it on Plaintiff, ___________________, whose address is: _________________
_________________________________________, on or before ___________________,
20___, and file the original with the Clerk of this Court immediately thereafter; otherwise
a Default will be entered against you for the relief demanded in the Complaint.

DATED on _____________________.

NADIA K. DAUGHTREY
As Interim Clerk of the Court

By: _______________________________
Deputy Clerk

Rev. 09/01/2005 16
 INSTRUCTIONS FOR MOTION FOR DEFAULT and DEFAULT

When should these forms be used?

If the Defendant has failed to file or serve any documents within the 20 days after the
date of service of your complaint by Summons or by the date shown in the Notice of
Action you may ask the Clerk of Court to enter a default against him or her by filling
out this form and filing it with the Court. Generally, a default allows you to obtain an
earlier final hearing to finish your case. Once the default is signed by the Clerk, you can
request the Clerk to submit the entire case to the Judge.

To obtain a default, you will need to complete MOTION FOR DEFAULT. You will
then need to file your motion for default along with the DEFAULT so that the Clerk can
enter a default for you if your motion is proper.

This form should be typed or printed in black ink. After completing this form, you
should file the original with the Clerk of Court in the county where you filed your
complaint and keep a copy for your records.

What should I do next?

Please complete and file the enclosed MOTION FOR HEARING with the Clerk of
Court who will present your motion to the Court for scheduling of hearing. Please submit
stamped envelopes addressed to you and the Defendant(s) for mailing of Order
Scheduling Hearing by the Court.

Rev. 09/01/2005 17
 IN THE COUNTY COURT IN AND FOR DESOTO COUNTY, FLORIDA

____________________________
Plaintiff,

vs. CASE NO. ___________________

____________________________
Defendant.

MOTION FOR DEFAULT

TO THE CLERK OF THE COURT:

PLEASE ENTER A DEFAULT AGAINST DEFENDANT(S) WHO HAS

FAILED TO RESPOND TO THE COMPLAINT.

I certify that a copy of this document was [X one only] (__) mailed (__) faxed
and mailed (__) hand delivered to the Defendant on ____________________________.

Dated: __________________ ___________________________________

Signature of Plaintiff
___________________________________
___________________________________
Address
Phone: _____________________________

DEFAULT

A default is entered in this action against Defendant(s) for failure to serve or file a
response or any paper as required by law.

Dated: ____________________ NADIA K. DAUGHTREY

Interim Clerk of Court

(SEAL) By: ________________________________

Deputy Clerk

Rev. 09/01/2005 18
 IN THE COUNTY COURT IN AND FOR DESOTO COUNTY, FLORIDA

______________________________,
Plaintiff,

vs. CASE NO. ___________________

______________________________,
Defendant.
____________________________________/

MOTION FOR HEARING

Plaintiff(s), _______________________________________________________,
files(s) this motion for hearing and allege(s):
1. Plaintiff(s) has filed a Complaint for Declaratory Judgment with this Court.
2. That Plaintiff(s) are entitled to a hearing on this matter because: (check one
only):
___ a. The Defendant(s) have been served by Service of Process and
have failed to file a written response and a default has been entered
against him/her.
___ b. The Defendant(s) have been served by Service of Process and
have responded and the matter is now at issued.
WHEREFORE, Plaintiff(s) ask(s) this court to set a hearing in this matter.

Signed this ______ day of _______________, 2005.

______________________________
Plaintiff’s signature
______________________________
______________________________
______________________________
Plaintiff’s Name and Address

I HEREBY CERTIFY that a true copy of the foregoing has been furnished
to the Defendant(s), _______________________________________________________
at ______________________________________________________________________
this ______ day of ______________, 2005, by U. S. Mail.

_____________________________
Plaintiff

Rev. 09/01/2005 19