Notice To Plaintiff and Defendant
ATTENDANCE: After the claim is filed, the Court will schedule a pre-trial conference. You may come with or without an attorney but you are expected to be present even if represented by counsel. Witnesses need not be brought to this court session. One purpose of this hearing is to enable the court to determine the nature of this case and to set the trial date, if necessary. Special Note: Please call the Flagler County Clerk’s Office at (386) 313-4483 to ensure the defendant has been served before coming to your scheduled pre-trial. A defendant must be served with process before a Judgment can be entered.
SETTLEMENT: The Plaintiff and Defendant are expected to make a sincere effort, with the assistance of the Court, to resolve this matter at the pretrial hearing. In addition, both parties are encouraged to contact the opposing party to determine if an out-of-court settlement can be reached before the hearing or at anytime before a judgment is entered. If settlement is reached, the Plaintiff must advise the Clerk in writing of the settlement, so the case can be removed from the Court’s docket. The Plaintiff must file a Notice of Voluntary Dismissal with the Clerk and furnish the Defendant with a copy.
PLEADINGS: Unless required of the Court, written defensive pleadings shall be served on all other parties to the action before or at the hearing. Any counterclaim or setoff must be filed not less than five days prior to the appearance date or within such time as the court designates or it is deemed to be abandoned.
DOCUMENTS: If you have books, receipts, or other writings bearing on this claim, you should bring them with you at the time of the hearing.
CONTINUANCES OR POSTPONEMENTS: If one party wants a continuance, he should contact the other party. If the parties agree, notify the Clerk of Flagler County at 1769 E. Moody Blvd. Bldg 1, Bunnell, FL 32110 or call 386-313-4483. THE COURT WILL NOT CONTINUE CASES EXCEPT FOR EXTRAORDINARY CAUSE.
FAILURE TO PROSECUTE: Any case in which no action is taken for a period of six months is subject to dismissal.
ENTRY OF A JUDGMENT AT PRE-TRIAL OR TRIAL: If the court enters a Judgment at Pre-trial or Trial, a copy of the Judgment will be mailed to each party within 7 to 10 business days. A final judgment in the case does not mean the Defendant will automatically pay off the amount due under the judgment. While there may have been a settlement of the debt, enforcement of the judgment is the responsibility of the person who filed the suit. Florida law prohibits the Clerk’s Office from offering legal advice about how to enforce the judgment. However, the following procedures may help you collect:
1. Obtain a Certified Copy of the Judgment from the Clerk’s Office where the claim was filed. (note, there is a fee for this)
2. The certified copy may be recorded with the Clerk’s Office in the Florida county where the Defendant resides or any Florida county where the Defendant owns real property.
3. The recorded judgment becomes a lien against the Defendant’s real property for a set number of years & may need to be re-recorded after a set number of years. (See Florida Statute 55)