If you need questions answered about the residential tenant eviction process or require legal assistance, please consult the Florida Statute Chapter 83 Part II - Residential Tenancies , the Law Library on the 5th floor of the Collier County Courthouse, Building L or an Attorney.
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| Mailing Addresses: |
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Collier County Clerk of the Circuit Court
Civil Department, Evictions
3315 Tamiami Trail East, Ste. 102
Naples, FL 34112-5324
Clerk of the Circuit Court
Civil Department, Evictions
PO Box 413044
Naples, FL 34101-3044
Department Street Mailing Addresses
Office Location Map
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| Requirements: |
In order to file a residential tenant eviction case for non-payment of rent for possession only, you need to file a Complaint for Eviction, which requires:
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A filing fee payable to Clerk of the Court. (cash or check)
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Proper sheriff's fee (Note: husband and wife are two separate services) which must be paid with a separate check or money order. Call the Sheriff's Department, Civil Processing Department at (239) 252-9250 for fee information.
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A completed Original Complaint form and two copies for each defendant. This must be fully completed before processing.
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3 copies of the three-day notice and any other attachments such as a lease, for each defendant.
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5 day summons with 3 copies for each defendant is required.
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Stamped addressed envelopes with sufficient postage (legal size envelope); 1 addressed to each defendant and 1 addressed to you.
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| Note: Cases for eviction and damages require a filing fee based on the damage claim. |
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Process Steps:
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- File your Complaint, Summons and Three-Day Notice; with other exhibits; i.e. lease, with Tenant Eviction Department, Civil Division. If requested, we will forward the summons to the Sheriff's Department for service on the defendant(s). The Sheriff's Department will advise you of the date the defendant was served the eviction papers.
- If, after 5 working days (excluding the date of service, Saturday, Sunday and legal holidays) from the date when the summons was served upon the defendant(s), the defendant has not filed an Answer, a Motion for Default may be filed and Default Issued; at that time, you can send a Final Default Judgment and Writ of Possession by paying a fee to the Sheriff's Department. (Contact Sheriff's Department at (239) 793-9250 for fee information).
*** If an Answer has been filed, you may then set your case for Non-Jury Trial by calling the Judge's Office. The Judge assigned to the case is named on the receipt for filing fees, or they can be found online.
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Links:
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| General Instructions for filing Evictions |
| Residential Evictions Chapter 83 Part II |
| Landlord/Tenant Rights - Division of Consumer Services |
| Registering a Judgment Lien |
| 20th Judicial Circuit Court |
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Landlord/Tenant Evictions Presentation - February 13, 2013
List of Legal Resources with Contact Information
Clerk of Courts Staff Cannot Provide Legal Advice
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Fees:
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| Click here for Fee information |
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Forms:
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| Click here for Form information |
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Note: The Clerk of Court employees can not assist you with the selection or completion of any form or provide legal advice. If you have questions about tenant eviction forms, the use of forms, or your legal rights, it is strongly recommended that you obtain the services of an attorney. If you need assistance identifying an attorney, contact the Lawyer Referral Service (239) 252-8250.
If you are financially unable to afford the services of an attorney you should contact the Legal Aid Office in your area.
Because of the changing nature of the law, the forms and information about evictions must be checked for currency and accuracy. It is strongly recommended that you research the original sources of authority; the FL Statute Chapter 83 and Rules of Procedure.
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