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
