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Frequently
Asked Questions |
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How
do I view Civil Dockets and Case Information File?
On the Web:
Civil
Dockets and Case Information from 1984 through the present can be
researched at:
www.co.miamidade.gov/civil
In
Person:
- Circuit
Court files can be viewed at 73 W. Flagler Street, Room 133, Miami,
Florida 33130.
- You
will be advised if the file is located at the Record Center.
- Record
Center files must be requested a day prior to arrival by calling
305-349-7417.
- A
County Court Case must be viewed in the branch court where it is
filed.
By
Mail:
To
request a copy of pleadings or file,
- Write
to:
Dade
County Clerk's Office,
Attn: Correspondence Dept.
73 W. Flagler Street, Room 137
Miami, FL 33130
-
Visit
the fee schedule for a
list of our copy and certify fees.
- Self-addressed
stamped envelope.
- Check
or money order are acceptable forms of tender.
By
e-mail/Phone:
- Procedural
questions or specific request to:
- E-mail
- or
call 305-275-1155
How
do I collect on a Judgment?
If you want to have your final judgment
entered as a lien against 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 current 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.
The judgment must contain the language "for which let execution
issue". This is an order issued by a 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 they 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 may be issued by a deputy clerk upon request if the
Final Judgment contains the language, "for which let execution
issue." 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
can I receive copies of Judgments or any other document filed in a
civil file?
Copies
of items in civil case files can be obtained by visiting our office
in person or mailing in your request. Visit
the fee schedule for a list of
our copy and certify fees.
When mailing in your request please include a self-addressed
stamped envelope along with appropriate copy fees to assure receipt
of the documents you requested.
Where
do I file a Landlord and Tenant Action?
Landlord
and Tenant actions are tried under the Rules of Civil Procedure (CC).
However, by Chief Judge's Administrative Order, they must be
filed in the geographical district wherein the rental property
is located. Florida Statues, Chapter 83 covers Landlord and Tenant
Actions, Evictions, Rents Due and Owing, Security Deposits, etc..
In Landlord and Tenant cases, the Clerk's Office can not assist with
preparation for filing or legal advice.
Appeals
County to Circuit
Where
do I file an appeal and how much does it cost?
-
The
address of the Miami-Dade County Civil Court Appeals Unit is 73
W Flagler Street, Suite 133 Balcony, Miami, FL 33130.
-
Operating
hours are 9:00 a.m. to 4:00 p.m.
-
Visit the fee schedule
for a complete list of our
filing fees. Make the check payable to the Clerk of Circuit
and County Court.
-
Only
the original Notice of Appeal is needed.
-
For
a Petition for Writ of Certiorari the original and 3 copies
are required. Envelopes are not required.
-
There
is a drop box in the lobby of the Courthouse that is open until
8:00 PM. Make sure the pleadings are placed in the box marked
Circuit Court. Items placed in the box will be clocked as
filed the same day.
Circuit
to Third District Court of Appeal
- Visit the
fee schedule
for a complete list of our filing fees. For Circuit Court filing
fees Make the check payable to the Clerk of Circuit and County Court.
For the Third District Court of Appeals filing fees make the check
payable to the Third District Court of Appeals.
-
The
address of the Third District Court of Appeal is: 2001 SW
117th Avenue, Miami, FL 33175 Telephone: (305) 229-3200.
-
The
Miami-Dade County Clerk's Office has a night drop box in the lobby
of the Courthouse at 73 W. Flagler Street, Miami, FL
33130. You can drop items in the box until 8:00
PM and they will be clocked as filed with that day's date.