The Civil Division processes and maintains records for a wide range of civil cases, including circuit and county civil actions, evictions, foreclosures, replevins, small claims, unlawful detainers, appeals, guardianships, probate, and mental health proceedings. Our team ensures accurate case management, facilitates court filings, and provides essential support to the judiciary and the public. We are committed to assisting St. Johns County residents with access to civil court services while upholding the integrity of the judicial process.
The Civil Division handles civil actions in which the damages sought, or the matter in controversy, exceeds the sum of $50,000. The majority of these cases filed in Circuit Civil involve disputes over the title and boundaries of real property, including Foreclosure Actions, Quiet Title Suits, Partition Complaints, and Condemnation/Eminent Domain Suits. Some other types of cases filed with the Civil Division are Medical Malpractice, Negligence, Declaratory Complaints, Contract Disputes, Writ of Certiorari, Writ of Habeas Corpus, and all other civil actions that do not fall within the jurisdiction of the County Court.
Due to the complex legal nature of these cases, the Civil Division cannot offer advice on how to proceed with these actions.
The County Civil Division handles civil actions in which the damages being sought or the matter in controversy total $8,000.01 to $50,000. When filing a case in County Court, you must prepare all of the necessary paperwork yourself or have an attorney do it for you. The Clerk’s Office cannot refer an attorney to you. There are no forms to hand out, nor does the Clerk prepare any paperwork in County Court.
Matters in controversy where the dollar amount involved is equal to or less than $8,000 are handled in Small Claims Court.
Service of Process: Once the case is filed, it must be served by either the Sheriff’s Office or by a private process server in the county in which the defendant resides. To obtain a list of approved process servers for St. Johns County please contact Judicial Process at the Sheriff’s Office at (904) 209–1435. The St. Johns County Sheriff’s Office charges $40.00 per defendant to serve your documents.
All forms can be accessed in our Forms Library.
Eviction for Non-Payment of Rent:
1. Give the tenant a written notice
- Non-Payment of Rent: If you are evicting your tenant for non-payment of rent, you must give the tenant a 3-day written notice to pay the rent or vacate. When calculating this time, do not count the day of delivery, weekends, or holidays. You may post the notice on the door or hand it to the tenant. The 3-day notice must seek only rent that is due. If the tenant does not comply with the notice, you will need to bring a copy of the 3-day notice to our office and file your eviction complaint with the court.
- Possession of Property: If you are evicting your tenant for possession only, you must give the tenant a 7 or 30-day notice (depending on how the tenant pays the rent to you) to vacate. If the tenancy is week to week, you must give a 7-day notice. If the tenancy is month to month, you must give a 30-day notice. If the tenant does not comply with the notice you will need to bring a copy of the notice to our office and file your eviction complaint with the court.
2. File your eviction with the court
- To do this, you can present to the Clerk’s Office copies of the notice that you gave your tenant with the appropriate filing fee. The additional forms needed to file your case can be purchased from the Clerk’s Office for $0.15 cents a page or printed at no cost via the website.
3. Have your summons served
- Once you have filed your eviction, the clerk will prepare a summons to be served on your tenant. You can have your summons served by the Sheriff or a process server. Once the summons is served, the tenant has 5 business days to respond to your complaint and the summons. The tenant is instructed to file their original answer with the clerk and send a copy to the landlord.
4. File the appropriate forms after 5 days
- When the 5 business days have expired, you must file the next appropriate forms so that your case can proceed. If the tenant did not respond to the summons, you would file a Motion for Default and Default form. The Judge will either set the case for a hearing or grant the landlord possession of the property. If the Judge grants the landlord possession of the property, the clerk will issue a Writ of Possession upon payment.
5. Have a Writ of Possession executed
- The Sheriff will charge to execute the Writ of Possession. Contact their office for fees. The Sheriff will post the Writ of Possession and then contact the landlord to deliver possession of the property.
| Description | Value | Filing Fee |
|---|---|---|
| Chapter 83 – Landlord & Tenant Florida Statute governing evictions. | N/A | N/A |
| Eviction for Possession Only | N/A | $185 |
| Eviction for Possession and Damages | $0.00 – $2,500 | $185 |
| Eviction for Possession and Damages | $2,500 – $15,000 | $300 |
All forms can be accessed in our Forms Library.
Eviction
| Description | Value | Filing Fee |
|---|---|---|
| Chapter 83 – Landlord & Tenant Florida Statute governing evictions. | N/A | N/A |
| Eviction for Possession Only | N/A | $185 |
| Eviction for Possession and Damages | $0.00 – $2,500 | $185 |
| Eviction for Possession and Damages | $2,500 – $15,000 | $300 |
Replevins
| Description | Cost for Form | Filing Fee |
|---|---|---|
| The Statement of Claim for Replevin is used to recover lawfully owned personal property. | Free Online or $.15/Page at Office | Based on the value of the personal property *See below |
| Civil Cover Sheet | Free Online or $.15/Page at Office | N/A |
| Replevin for personal property valued less than $1,000 | N/A | $130 |
| Replevin for personal property valued $1,001 to $2,500 | N/A | $260 |
| Replevin for personal Property valued $2,501 to $15,000 | N/A | $385 |
Small Claims
Filing fees vary depending on the amount of the claim requested and are subject to annual change by legislative action. Please note: Fees are non-refundable but may be recovered later through the defendant.
| Description | Filing Fee | |
|---|---|---|
| Claims less than $99.99 | $55 | |
| Claims from $100–$500 | $80 | |
| Claims from $501–$2,500 | $175 | |
| Claims from $2,501–$8,000 | $300 |
Additional
| Description | Reason | Filing Fee |
|---|---|---|
| 7 Day Complaint | Non-Compliance | $185 |
| Termination of Tenancy Complaint | Termination of Tenancy | $185 |
More information on foreclosures can be accessed here.
Foreclosure Sales are held online at Realauction.com on specified Thursdays at 12:00 PM EST (except legal holidays). BEFORE the sale, persons wishing to bid must register with Realauction.com and fund their bidder account.
PLEASE NOTE: Deposit payments made via ACH require five (5) full working days to arrive (settle) in the Clerk’s account. Deposits made by ACH must be settled and cleared in the Clerk’s account prior to the start of a sale in order to be able to bid on a property. We will not accept over the counter payments.
All forms can be accessed in our Forms Library.
In Florida, a replevin action is a legal process in which a person seeks the return of personal property that is wrongfully detained by another party. The purpose of a replevin action is to recover specific items of property that the plaintiff (the person bringing the lawsuit) believes they have a right to, but which are currently in the possession of the defendant (the person who is withholding the property).
Replevin actions are typically used when the property has been wrongfully taken, unlawfully possessed, or held without the owner’s consent. This could include situations such as:
- An individual or business unlawfully keeping or refusing to return leased or borrowed property.
- Someone wrongfully possessing property under a claim of ownership that the plaintiff disputes.
To begin a replevin action in Florida, the plaintiff must file a complaint in court and ask for a writ of replevin. If granted, the writ orders law enforcement to seize the property and return it to the rightful owner. In some cases, the court may also allow for a prejudgment replevin to seize the property before the case is fully decided, often if there is a risk that the property might be sold or destroyed.
It’s important to note that the replevin action specifically deals with the recovery of personal property, not money or real estate.
All forms can be accessed in our Forms Library.
Filing a Small Claims Case
A Small (Summary) Claims case is a legal action filed in county court to settle minor legal disputes among parties where the dollar amount involved is $8,000 or less, excluding costs, interest, and attorney fees. Because Small Claims court is considered a “people’s court,” it is not necessary to have an attorney to file a claim. Forms to file a small claim case are available at the County Civil Division at the Clerk’s Office and here on our website. Attorneys are not precluded from this court but are not required.
If the Statement of Claim form is signed outside of our office, it needs to be notarized. It can also be signed in the presence of a Deputy Clerk here at the Clerk’s Office.
The case is filed in the county in which the incident took place. If the case is filed in the wrong county, the Defendant may ask the court to change the venue to the proper county.
You may file by mail, in person, or via https://www.myflcourtaccess.com.
Who can file a small claims case?
- Anyone 18 years of age or older
- A parent or guardian for anyone under 18 years of age
- Anyone having a claim not exceeding $8,000
What happens after the filing of a small claims case?
Each person or business being sued must be served with a Summons or Notice to appear in court on the date and time shown on the summons or notice. This court date will be a pre-trial conference and parties should be prepared to present their case in court.
What is a pre-trial conference?
A pre-trial conference is an informal process to determine if there is a cause of action. If so, the court will refer the case to mediation. A trained mediator will try to negotiate a settlement before the case goes to trial. If the dispute is settled, it goes to the judge for approval without delay. If the dispute remains unsettled, a trial date will be set by the court. If you cannot be present at the pre-trial conference an attorney may represent you, a continuance may be arranged between both parties, and a motion for continuance may be filed with the court.
What happens if a dispute goes to trial?
If a small claims dispute goes to trial, the court will schedule a trial date and the parties must appear at the trial with all witnesses and documentation. At the trial, both parties will have an opportunity to explain the case to the judge. Witnesses will also have a chance to testify.
All forms and packets can be accessed in our Forms Library.
Unlawful Detainer is a county court lawsuit, filed pursuant to F. S. 82, to request that a person be ordered to leave your property. It is like an eviction proceeding except that in an Unlawful Detainer case there is no landlord/tenant relationship between parties. In other words, there is no agreement to pay rent either verbal or in writing. If there is an agreement to pay rent, whether verbal or in writing, you should consider filing an eviction case. Consult with an attorney if you have questions about the appropriateness of this filing.
When should the packet be used?
- You are trying to remove someone from your home, and
- You have a legal right to reside in your home (you are the owner or are the legal tenant), and
- The person you are trying to remove does not have legal right to reside in your home (they are not an owner or a legal tenant), and
- There is no agreement for rent (verbal or in writing) between you and the person you are trying to remove.
Information or forms provided by the Clerk’s Office should be considered as basic information only and may not be applicable to every situation. The information is not intended to be used as legal advice. Specific guidance as to how to proceed with the filing of a lawsuit or answering a lawsuit and questions about your situation should be directed to qualified attorney. If you do not know an attorney, you may call the Lawyer Referral Service at (800) 342-8011. If you do not have the money to hire an attorney, you may apply for St. Johns County Legal Aid by calling (904) 827-9921. The Legal Aid offices are located at 222 San Marco Avenue, St. Augustine, FL 32084.
