Frequently
Asked Questions
The
Miami-Dade County Civil Court operates on two levels: Circuit
Civil and County Civil. Circuit Civil is the jurisdiction
for civil matters where the amount of damages sought is in excess
of $15,000.00. County Civil is the jurisdiction that includes
summary procedure also known as Small Claims, where damages sought
range from $.01 to $5,000.00. Actions where damages sought range
from $5,000.01 to $15,000.00 as well as Landlord/Tenant actions
are also included in County Civil. These actions may be filed
in the Miami-Dade County Courthouse (the central office downtown)
or in the full service District Courts.
Circuit
Civil Court
Collection
of a Judgment
If
you want to have your final judgment entered as a lien against
a real property owned by the defendant, you must obtain a
certified copy at the location where your case was heard and
then have it recorded by the Clerk. The recorded
Final Judgment will serve as a lien for up to 20 years from
the date the Judgment was signed but must be re-recorded every
ten years to stay in effect. The Recording office is located
on the 1st. Floor at 22 N.W. 1st. Street, Miami, Florida.
Visit the fee schedule
for a complete list of our fees.
If
you know the name and address of the employer or the bank of the
defendant, you may want to use the process of Garnishment. This
is an order issued by the deputy clerk in which a third party,
usually an employer or a bank, is told to hold funds until a hearing
is held and a judge decides if the funds should be awarded to
you.
A
Writ of Execution which commands the Sheriff's Department to make
demand for the amount of your Final Judgment from the defendant,
this may be issued by a deputy clerk upon request. This
is only effective if you obtain an Instruction for Levy form from
the Sheriff's Office and complete it, giving a description and
location of property that the sheriff can take from the defendant
and put up for auction.
If
you do not know the employer or bank of the defendant and
if you do not know the location of any property which might be
subject to a Writ of Execution, you may file a motion with the
Clerk's Office for a Hearing in Aid of Execution. The judge
will then issue an order for the hearing and the defendants will
be served with the order and a Fact Information Sheet. At
the hearing, the defendant will be required to reveal assets,
employment and sources of income to the judge.
How
to Enforce a Foreign Judgment
To
enforce a Foreign Judgment under Chapter 55 of the
Florida Statutes in Miami-Dade County, submit the following documents
and fees in person or by mail to:
Clerk,
Circuit & County Court
73 West Flagler Street, New Suits Unit
Miami, Florida 33130
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A
certified copy of the foreign judgment along with a copy.
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The
Judgment creditor shall file an affidavit setting forth the
name, social security number, if known, and last known post-office
address of the judgment debtor and of the judgment creditor
(and attorneys name, address, phone number and bar number).
Submit an original and a copy of this affidavit.
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The
enforcement of the foreign judgment is jurisdictional.
The amount of the judgment determines which court this matter
will be filed in. A judgment for less than $15,000.00
is filed in County Court whereas a judgment in excess
of $15,000.00 is filed in Circuit Court. The appropriate
fees as listed below must be made payable to the Clerk of the
Court.
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A. |
Filing
Fees: Based
upon the jurisdictional amount of the judgment. |
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B. |
Recording
Fees: Based
upon the number of pages in each document.
For recording purposes the judgment and the affidavit are
separate documents. |
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C. |
Postage
Fees:
This fee is to cover the cost of the registered mailing of
the notice of recording of foreign judgment to each
debtor as set forth in the affidavit of judgment creditor. |
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For
each address of judgment debtor(s) which appears on the affidavit
of judgment creditor |
$16.92 |
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Upon
receipt of the appropriate documents and fees, the Clerk of
the Court will record the documents and send out the notice
of recording. The attorney submitting the judgment will
receive a courtesy copy of the notice indicating judgment
may be contested before becoming a lien. |
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Upon
submission of proper forms, the clerk may then issue a Writ
of Execution or a Writ of Garnishment. |
Do
not compute the amount of interest into the total amount due on
your Motion and Writ of Garnishment. You may indicate that
interest is owed, what percent and from what date, but, do
not add this amount to your judgment.
Your
Writ of Garnishment must include the garnishee's address.
Three (3) copies of the writ are required, but, only the original
signed motion is required.
For
further information regarding Writs of Garnishment, please
contact the Court Registry Unit at:
Miami-Dade
County Courthouse
73 West Flagler Street, Room 138
Miami, Florida 33130
(305) 305-275-1155
These
instructions apply only to state court. For additional information
you may refer to the Florida Statutes, Chapter 55, specifically
55.501 through 55.509, the "Florida Enforcement of Foreign
Judgments Act."
Notice of Order to Seal
Order partially granting motion to seal pursuant to Florida Rule of Judicial Administration 2.420 may be viewed by following by clicking below:
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