## Filing an Eviction Case in Court

After a landlord has [served an eviction notice to a tenant](https://getdispute.com/form-library/eviction-notice), they can initiate a court case for eviction (and damages).

In most cases, the filing process for a court claim is:
1. Prepare and file case initiation paperwork in court (including coversheets and summons where required by the court). [Example form](https://getdispute.com/form-library/eviction-court-filing/Florida/fl-court-complaint-for-eviction-and-damages-unpaid-rent).
2. Get a stamped summons from the court clerk
3. Serve the defendant (the tenant) the summons and file a proof of service in court

After the case is filed and served, the defendant (tenant) has a certain amount of time to file a "response" to the case. A response is where the defendant indicates whether they accept the claim  and immediately lose, or they dispute the claim and will contest it. They usually have 5 - 10 days to do this, depending on the state.

If the tenant gets a lawyer, this will also be indicated in their response.

## Filing for default judgement if the tenant does not respond

In some cases, the tenant may not respond at all within the allowed time. This may be relatively common depending on the type of dispute and sophistication or desire to contest the case of the tenant.

The default process requires a landlord to first file an [motion for Default with the court clerk](https://getdispute.com//form-library/eviction-court-filing/Florida/fl-court-form-for-motion-for-clerk-s-default-in-eviction) and then a [motion for default with the judge](https://getdispute.com/form-library/eviction-court-filing/Florida/fl-court-form-for-motion-for-default-final-judgement-eviction).

## The physical eviction

If the landlord wins the eviction case (after a trial or by default), they can finally obtain a [writ of possession](https://getdispute.com/form-library/eviction-court-filing/Florida/fl-court-form-for-writ-of-possession-in-an-eviction-case) form which is an order from the court to the sheriff to assist the landlord in taking physical posession of the property.

Non-Military Affidavit

[FL][eviction] Non-military Affidavit.pdf

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Court form for an affidavit that a defendant is not on military duty.

Non-Military Affidavit

Related Forms

3-Day Notice to Pay or Quit

30-Day Notice to Quit (Month-to-Month)

7-Day Notice to Quit

Claim of Lien

Contractor's Final Payment Affidavit

Court Complaint for Eviction and Damages (Unpaid Rent)

Court Complaint for Eviction Only (Other Than Unpaid Rent)

Court Complaint for Eviction Only (Unpaid Rent)

Motion for Clerk's Default in Damages

Motion for Clerk's Default in Eviction

Motion for Default Final Judgement - Damages

Motion for Default Final Judgement - Eviction

Notice of Commencement

Notice to Owner

Satisfaction of Claim of Lien

Writ of Possession in an Eviction Case

See All Forms →