Circuit Civil cases are non-criminal cases in which individuals or businesses sue for damages exceeding $15,000. Cases involving claims of $15,000 or less are under the jurisdiction of the County Civil Courts.
Examples of Circuit Civil lawsuits include declaratory judgments, eminent domain, petitions, quiet title, and other civil actions.
The motion for default and proposed default must be sent to the Clerk’s office through the e-portal. The prepared default will be e-mailed back to the requestor using the designated e-mail address previously provided to the Clerk’s office. The Clerk must also receive a non-military affidavit through the e-portal, for each of the defendants before the Clerk can default a defendant.
If the motion for default was clocked in before an answer, which may have been filed after the 20-day deadline, only the judge can default a defendant, not the Clerk. Generally, the Clerk will refer all motions for defaults to the judge if there are any questions of timeliness.
Send the Extension of Time through the e-portal, along with the fee of $42. A case number will be applied.
The amount of the judgment must be more than $15,000. The judgment filed with the Clerk must be a certified copy, and there should also be an affidavit filed with it. The affidavit must have the name and address of judgment debtor, judgment creditor, and judgment creditor’s attorney.
The affidavit of constructive service of diligent search should be sent through the e-portal. The Clerk will sign, seal, and date the notice and return it via the designated e-mail address previously provided to the Clerk’s office. The plaintiff or plaintiff’s representative is responsible for arranging publication with the newspaper.
There is a $10 charge for issue each summons. Send the proposed summons through the e-portal. The Clerk will sign, seal and date the summons and return it via the designated e-mail address previously provided to the Clerk’s office. If there was a previous summons prepared and served, then the Clerk’s office must receive the return of service (or non-service) before an alias summons case be issued. If there is a previous alias summons on the individual to be served, then the Clerk’s office must receive the return of service for the alias summons before a pluries summons may be issued. Once a return of service on a pluries summons is received by the Clerk, then another pluries summons may be issued.
These documents need to be mailed to the Clerk’s office. There is no charge to issue a writ of execution. The Clerk will review the order that instructs the Clerk to issue a writ of execution. The Clerk must wait 10 days from the date of the judgment before a writ of execution can be issued. If the judgment states "Instanter, Forthwith, Immediately" then the Clerk can issue the writ of execution without waiting the 10 days.
These documents need to be mailed to the Clerk’s office. There is a Clerk's fee of $188 for each garnishee. The Clerk will check the final judgment amount to be sure the writ of garnishment amount is correct. The Clerk must receive a motion for writ of garnishment as well. The original garnishment along with a conformed copy will be mailed back to the attorney or placed in the Sheriff box for service. You should provide a cover letter directing the Clerk with what you want done with the writ of garnishment. The Clerk will make a photo copy of the original writ of garnishment for the court file. Upon receipt of an answer of garnishee, the Clerk will request a $100 check from the Finance Department for payment of garnishee attorney fees.
Notice of appeal must be filed in County Court within 30 days of the entry of the final judgment. The filing fee is $281 and it goes to the County Court. The filing fee for petition for writ of certiorari is $300. Petitions for writ of certiorari combined with other forms of relief shall be filed as a civil case assigned to a Circuit Court judge. Original plus three copies. Pro se parties (those filing without an attorney) should comply with the Rules of Appellate Procedures, found in the Law Library, before filing an appeal. Anyone filing indigent should comply with Fla.R.App.P.9.340
Notice of Appeal must be filed in the Circuit Court within 30 days of the entry of the final judgment. The filing fee for the Circuit Court is $100 plus $1 per page to copy the document, and $2 to certify. Original, plus three copies. The filing fee for the 4th District Court of Appeals is $300. The check should be made out to the 4th District Court of Appeals but should accompany the notice of appeal. The check for the 4th District's fee will be sent to it, attached to the certified copy of the notice of appeal, by the Clerk.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Corrie Johnson, ADA Coordinator, 250 NW Country Club Drive, Suite 217, Port St. Lucie, FL 34986, (772) 807-4370 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
201 South Indian River Drive, 2nd Floor
Fort Pierce, FL 34950
Directions To This Location
Clerk of the Circuit Court
ATTN: Circuit Civil Department
P. O. Box 700
Fort Pierce, FL 34954
8AM -5PM, Monday - Friday
Phone: (772) 462-6938
Fax: (772) 462-1998