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  9. County & Circuit Civil FAQs

County & Circuit Civil – Frequently Asked Questions

NOTE: Florida law prevents staff of the Lake County Clerk’s Office from providing legal advice. The information, forms, and documents contained on this website are provided to help those seeking to represent themselves without the assistance of an attorney and are meant to serve as a guide only.

We do not guarantee that the information provided will achieve the result you desire. If you are using the forms or documents provided on this website, you do so at your own risk.

Why do I have to put money in the registry of the court at the time of filing an emergency replevin?

This type of replevin is considered a prejudgment writ of replevin. Section 78.068(3), Florida Statutes, requires that the Petitioner post a bond in the amount of twice the value of the goods subject to the writ or twice the balance remaining due and owing, whichever is less as determined by the Court, as security for the payment of damages the defendant may sustain when the writ is obtained wrongfully.

How can I recover my property from a person who refuses to return it?

A replevin action is used for resolving civil disputes involving personal property. This process allows an individual to recover property which another person refuses to return. Before filing a complaint, a person must know where the property is located.

For personal property valued at $50,000 or less, you can download the forms for filing a replevin in County Court, or for a small fee you may obtain copies from the Clerk’s office. (There are no forms available from the Clerk’s office for amounts greater than $50,000.) You may pick up the packet in person at the Lake County Courthouse, 550 W. Main St., East Wing, First Floor, Tavares. There is an instruction sheet attached with information on the filing process and the associated filing fees.

What are my rights as a tenant or a landlord?

You may wish to seek the assistance of an attorney for these matters, or research the statutes online.

Are there resources for tenants?

The Florida Bar has provided resources for tenants on its website. A guided interview tutorial is available to help tenants create an eviction response.

Are there resources for landlords?

For Landlord Tenant Eviction Forms, visit The Florida Bar website.

The Florida Courts E-Filing Authority also provides landlords with a self-guided system that walks a user through completing official court forms at the Do-It-Yourself (DIY) Florida portal. Once complete, you can then register and file the forms online using the Florida Courts E-Filing Portal.

If the tenant files a response, but you believe you are entitled to a default by the court under Section 83.60(2), Florida Statutes, you may use the Motion For Court Default – Residential Eviction form.

What the Clerk expects to see at the time of the filing of the initial complaint:

At the time of filing in County Court, you will need the following documents to present to the court:

What fees are due at the time you file your complaint:

  • Filing Fee
  • Summons Fee for each summons issued
  • Service Fee for each summons to be served. (Cash or Money Order made payable to the Lake County Sheriff).

View the current fees. Additional fees may be required at a later date to complete the eviction process.

If you need additional assistance, you may need to seek the advice of an attorney.
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