assignment of claims modification

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48 CFR § 52.232-23 - Assignment of Claims.

As prescribed in 32.806(a)(1) , insert the following clause:

(a) The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. 3727 , 41 U.S.C. 6305 (hereafter referred to as the Act ), may assign its rights to be paid amounts due or to become due as a result of the performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency . The assignee under such an assignment may thereafter further assign or reassign its right under the original assignment to any type of financing institution described in the preceding sentence.

(b) Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts payable under this contract , and shall not be made to more than one party, except that an assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in the financing of this contract .

(c) The Contractor shall not furnish or disclose to any assignee under this contract any classified document (including this contract) or information related to work under this contract until the Contracting Officer authorizes such action in writing .

Alternate I (APR 1984). If a no-setoff commitment is to be included in the contract (see 32.801 and 32.803(d) ), add the following sentence at the end of paragraph (a) of the basic clause:

Unless otherwise stated in this contract , payments to an assignee of any amounts due or to become due under this contract shall not, to the extent specified in the Act, be subject to reduction or setoff.

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• Contract Administration

Assignment of Claims and Power of Attorney

By earbinov December 6, 2018 in Contract Administration

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I work at a financial institution that lends to small business government contractors. 

We've had a borrower go radio silent on us and they are in default on their debt with my company. The loan agreement provides us with the irrevocable right to act as power of attorney/agent-in-fact for the borrower. As such, we've prepared a number of assignment of claims documents to ensure that we are perfecting our security interest and that the payments associated with the contracts under which the borrower is performing will be routed to our control account to pay down all outstanding balances. 

We are getting pushback from certain COs stating that the borrower has intervened and since they have privity of contract, they would need to approve of any assignment. I have provided the loan agreement and other loan documents (including a cooperation agreement and a deposit account control agreement), all of which essentially require the borrower to not interfere with any efforts by us to perfect our security interest in the collateral (namely, the A/R related to all government contracts). 

Is there anything I can say or do here short of seeking an injunction to compel the COs to effectuate the aforementioned assignments. My understanding is that effectuating an assignment of claims is a ministerial act. Unless the contract contains a clause prohibiting the assignment (and assuming the contract  contains  the clause permitting it), then there is no discretion afforded to the CO assuming a valid assignment is submitted. In this case, I'm assuming that the bank signing using POA does provide for a valid assignment, but perhaps that is not a correct assumption. 

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Have you complied with FAR 32.802(e)?

Are you registered in SAM amenable to FAR 32.805(d)(4)?

FAR 32.805(a)(1), (2), and (3) list who make assignments -- a contractor's attorney-in-fact is not listed there.  Could that be part of the problem?

Quote 5 hours ago, ji20874 said: Have you complied with FAR 32.802(e)?  Are you registered in SAM amenable to FAR 32.805(d)(4)? FAR 32.805(a)(1), (2), and (3) list who make assignments -- a contractor's attorney-in-fact is not listed there.  Could that be part of the problem?  

Yes, I have compiled and always do comply with FAR 32.802(e). For what it's worth, I'm a former Contract Specialist so I know my way around the FAR and how to communicate with COs. 

Yes - we are registered in SAM. 

With respect to FAR 32.805(a)(1), (2), and (3) - while it is true that a contractor's attorney-in-fact is not listed there, that same list only specifies requirements for corporations, partnerships, and individuals. Many of our borrowers are LLCs and so the FAR is silent on how to treat those types of entities. Furthermore, unless something is explicitly and specifically prohibited in the FAR, the CO/specialist can generally exercise their best judgment (See FAR 1.102(d)). Lastly, the underlying common denominator between these sections is that whoever is signing the assignment is authorized to do so. I believe I've provided sufficient evidence and context which supports the bank signing using power of attorney privileges.  

joel hoffman

I would suggest requesting a face to face meeting with the KO and request that government counsel also be present. Then lay out your legal arguments. Time is of the essence here. 

Perhaps you’ve done that already. 

If the KO and the government’s attorney don’t provide satisfaction, then- as the Swamp People would cry out v“Chute ‘em,   Lizbeth!!!”

I should add that our borrower has explicitly intervened and advised the government to not process any assignment and that they do not approve. I am arguing to the contracting officer that the assignment package we've submitted is valid, and therefore should be effectuated immediately. Notwithstanding protests from the borrower, once a valid notice of assignment is received, the Government is compelled to process the assignment as it is a ministerial act. However strange it may be for a contractor to plainly oppose an assignment, I feel that the contractor (our borrower) has essentially revoked their authority to weigh in on the matter once they signed the loan agreement and appointed us as power of attorney. Also, I'm arguing that the FAR lays out the procedure for the release of claims, and emails/calls stating they don't want an assignment are not included in those procedures. 

Lastly, the following case law supports my argument that the assignment should be effective, so long as it is valid, upon receipt and acknowledgment, which the Government has now indicated/signaled:

US Court of Appeals -  CENTRAL NAT. BANK OF RICHMOND, VA. v.   UNITED STATES.

Excerpt : "Generally, notice of an assignment is effective as of the time of its receipt, and according to official Government records, the plaintiff's notices were all received prior to the disbursement made"

"Plaintiff's assignment was made pursuant to the Act of 1940 and notice thereof was given in the manner and to the officials as required. Having so complied with the act, plaintiff [bank] is entitled to that degree of protection ordinarily given to an innocent assignee who acts in good faith."

The Comptroller General has "Recogniz[ed] that, in legal effect, acknowledgment of receipt was nothing more than a recognition that the documents had been received..."    [in other words, merely a ministerial act, without discretion to decide if the assignment will be "accepted"]

" We can perceive of no good reason why the various offices to whom notices of assignment are to be given under the act should not be held to the same degree of responsibility and liability as any others to whom such notices are given in everyday commercial transactions."

"The Government having received timely notice of plaintiff's assignment paid [contractor/assignor] at its peril."

Comptroller General Warren to the Board of Governors, Federal Reserve System (see attached)

Excerpt : " ASSIGNMENTS MADE UNDER THE ASSIGNMENT OF CLAIMS ACT OF 1940 WILL BE ACKNOWLEDGED BY THIS OFFICE IMMEDIATELY UPON THEIR RECEIPT, WITHOUT PRIOR EXAMINATION, SUCH ACKNOWLEDGMENT IMPLYING NOTHING MORE THAN A RECOGNITION THAT THE NOTICES OF ASSIGNMENT AND ASSIGNMENT INSTRUMENTS HAVE BEEN RECEIVED, LEAVING ANY QUESTION AS TO THE VALIDITY OR REGULARITY OF THE ASSIGNMENT FOR CONSIDERATION IN CONNECTION WITH THE AUDIT OF PAYMENTS MADE UNDER THE CONTRACTS INVOLVED."

" SINCE, IN LEGAL EFFECT, THE ACKNOWLEDGMENT OF RECEIPT BY THIS OFFICE IS NOTHING MORE THAN THE WORD IMPLIES—- A RECOGNITION THAT THE DOCUMENTS REFERRED TO HAVE BEEN RECEIVED IN THIS OFFICE—- AND IN VIEW OF THE DIFFICULTIES ILLUMINATED BY YOUR LETTER AND ENCLOSURES, THIS OFFICE SHALL HENCEFORTH ACKNOWLEDGE RECEIPT OF THE NOTICES OF ASSIGNMENT AND ASSIGNMENT INSTRUMENTS IMMEDIATELY UPON RECEIPT THEREOF WITHOUT PRIOR EXAMINATION—- LEAVING ANY QUESTION AS TO THE VALIDITY OR REGULARITY OF THE ASSIGNMENT FOR CONSIDERATION IN CONNECTION WITH THE AUDIT OF PAYMENTS MADE UNDER THE CONTRACT INVOLVED."

" IT SHOULD BE CLEARLY UNDERSTOOD THAT HENCEFORTH THE PROCESS OF ACKNOWLEDGING SUCH NOTICE OF ASSIGNMENT WILL BE PURELY MINISTERIAL IN NATURE AND IN NO SENSE AN INDICATION THAT THE ASSIGNMENT HAS BEEN EXAMINED IN THIS OFFICE AND FOUND TO BE REGULAR AND VALID."

GAO Decision B-270801:

https://www.gao.gov/products/470539#mt=e-report

Excerpt : “It is well-settled that once an obligor (the United States in this case) has notice of a valid assignment, as in the present case, it pays the assignor at its peril and is, therefore, liable to the assignee for the amount of the erroneous payment."  [Citing Central Bank of Richmond, Virginia v. United States, 117 Ct. Cl. 389 (1950)).

COMPTROLLER GENERAL WARREN TO THE BOARD OF GOVERNORS FEDERAL RESERVE SYSTEM.doc

Great, so problem solved ! Good luck. 

You may be barking up the wrong tree.  Is there case law where the assignment was made by power of attorney (assignor (the bank) and assignee (the bank) are the same), over the objection of the contractor (who is supposed to be the assignor)?  I think that is your problem area.  

36 minutes ago, ji20874 said: You may be barking up the wrong tree.  Is there case law where the assignment was made by power of attorney (assignor (the bank) and assignee (the bank) are the same), over the objection of the contractor (who is supposed to be the assignor)?  I think that is your problem area.  

Yeah - that's the grey area here. The FAR is silent on how to treat LLCs with respect to 32.8, and I couldn't find any case law on this particular question - that is, executing an assignment as agent-in-fact. To be clear, the assignor is still the borrower (with whom the government has privity), despite the fact that the bank is signing as their agent-in-fact. The question is whether signing as agent-in-fact comports with 32.8. 

Ultimately, I think it's a judgement call of each KO. If we game this out...the bank would sue the borrower and, absent them filing for bankruptcy, we would likely get summary judgement resulting in an injunction that compels the borrower to sign any document we need them to. If they don't sign (as they are choosing to do now), then I would be very surprised if, after we sent all of the legal supporting documentation (summary judgement/injunction) with each assignment, any KO would still refuse to process/effectuate the assignment. 

At that point, we may  then arguably go after the Government for all amounts paid to the contractor after receipt of the notice, depending on if a court finds the notice signed using POA is valid. If it's valid, the government would have to pay. 

On ‎12‎/‎6‎/‎2018 at 10:43 PM, earbinov said: I am arguing to the contracting officer that the assignment package we've submitted is valid, and therefore should be effectuated immediately.

In addition to what ji wrote, we only have your opinion that there is a valid assignment.  We have no way of knowing whether that is true and whether you have been able to demonstrate the validity of the assignment to the various COs.

29 minutes ago, Retreadfed said: In addition to what ji wrote, we only have your opinion that there is a valid assignment.  We have no way of knowing whether that is true and whether you have been able to demonstrate the validity of the assignment to the various COs.

Agreed. Are you a CO? I'm curious what your opinion is here given the fact pattern presented above on if the submitted package is valid. 

I am  retired from the Federal government and now work in the private sector.  However, some issues I see are what is the precise language of the power of attorney? What is the law of the state that governs your transaction with the contractor in regard to powers of attorney?  What language is in the contracts regarding assignment?  What specific objections to the COs have to recognizing the assignment?  What have you done to alleviate their concerns?

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52.232-23 / Alt I

Far 52.232-23 assignment of claims. alt i (apr 1984) (current).

As prescribed in  32.806 (a), (1) The contracting officer shall insert the clause at 52.232-23, Assignment of Claims, in solicitations and contracts expected to exceed the micro-purchase threshold, unless the contract will prohibit the assignment of claims (see  32.803 (b)). The use of the clause is not required for purchase orders. However, the clause may be used in purchase orders expected to exceed the micro-purchase threshold, that are accepted in writing by the contractor, if such use is consistent with agency policies and regulations.

(2) If a no-setoff commitment has been authorized (see  32.803 (d)), the contracting officer shall use the clause with its Alternate I.

Assignment of Claims Alternate I (Apr 1984) (a) The Contractor, under the Assignment of Claims Act, as amended,  31 U.S.C. 3727 ,  41 U.S.C. 6305  (hereafter referred to as “the Act”), may assign its rights to be paid amounts due or to become due as a result of the performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency. The assignee under such an assignment may thereafter further assign or reassign its right under the original assignment to any type of financing institution described in the preceding sentence.  Unless otherwise stated in this contract, payments to an assignee of any amounts due or to become due under this contract shall not, to the extent specified in the Act, be subject to reduction or setoff. (b) Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party, except that an assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in the financing of this contract. (c) The Contractor shall not furnish or disclose to any assignee under this contract any classified document (including this contract) or information related to work under this contract until the Contracting Officer authorizes such action in writing. (End of clause)

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Change Number: Change 192 GSAM Case 2024-G506 Effective Date: 10/28/2024

552.232-23 Assignment of Claims.

As prescribed in 532.806 , insert the following clause:

Assignment of Claims (Sep1999)

Because this is a requirements or indefinite quantity contract under which more than one agency may place orders, paragraph(a) of the Assignment of Claims clause (FAR52.232-23) is inapplicable and the following is substituted therefor:

In order to prevent confusion and delay in making payment, the Contractor shall not assign any claim(s) for amounts due or to become due under this contract. However, the Contractor is permitted to assign separately to a bank, trust company, or other financial institution, including any Federal lending agency, under the provisions of the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 15 (hereinafter referred to as “the Act”), all amounts due or to become due under any order amounting to $1,000 or more issued by any Government agency under this contract. Any such assignment takes effect only if and when the assignee files written notice of the assignment together with a true copy of the instrument of assignment with the contracting officer issuing the order and the finance office designated in the order to make payment. Unless otherwise stated in the order, payments to an assignee of any amounts due or to become due under any order assigned may, to the extent specified in the Act, be subject to reduction or set-off.

(End of clause)

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INCOME DEDUCTION ORDER - a court order that instructs the respondent’s (also referred to as "payor's" or "obligor's") employer to deduct or withhold child support payments from the respondent's wages earned and forward it to the Florida State Disbursement Unit.

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INTERSTATE - indicates that another state in involved in the action.

IV-D in support indicates that services are provided by the federal child support program under Title IV, part D of the Social Security Act. These cases are always handled by DOR.

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MODIFICATION - a change made by the court in an order or final judgment. Filing an appropriate supplemental petition is required, as well as noticing the parties, setting a hearing, and obtaining an order of modification from the court. A fee of $50.00 is required to file a modification in existing Pinellas County Dissolution cases only.

NAME CHANGE - the process used when an individual or a family wants to ask the court to change their name. If a name change is to be done because of dissolution of marriage or adoption, the name change can be done as part of that case if a final judgment has not been entered. If one parent asks for a name change of a minor child(ren), process must be served on the other parent, and proof of service on the other parent must be filed with the court.

NOTICE OF LIS PENDENS – placed in public record to warn persons that the title to the property is in litigation and they will be bound by the possible adverse judgment. The Lis Pendens must be recorded and the person filing must pay the recording fee of $5.00 for the 1st page and $4.00 for each additional page, plus $1.00 for each name over 4 names listed in the body or style of the document.

OBLIGATION - a commitment to pay a particular amount of money

OBLIGEE - (see also "Petitioner") the person receiving money in a support case; the one who initiated the case in a civil action, i.e. the plaintiff.

OBLIGOR - (see also "Respondent") the person paying the support in a support case; the defendant in a civil action.

PATERNITY - an action initiated to determine the (father) of a child born out of wedlock and to provide for the support of that child once paternity is proved.

PAYEE - indicates who received the payment.

PETITIONER - the person receiving money in a support case; the one who initiated the case in a civil action, i.e. the plaintiff.

PLAINTIFF - the person who initially brings the suit or civil action, and who seeks remedy in a court of justice for an injury to or a withholding of rights.

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PRAECIPE - a request for the clerk to take some action, such as issue a subpoena, etc.

PRO BONO - indicates when attorneys take on cases without compensation to advance a social cause.

PRO SE - a person represents oneself without the aid of legal counsel, for oneself, or on one’s own behalf.

REPEAT VIOLENCE - Two incidents of violence or stalking committed by the respondent, one which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.

“Violence” means any assault, battery, or sexual battery or stalking by a person against any other person."

REPLEVIN - an action to recover possession or the value of specific personal property unlawfully withheld from the plaintiff.

RESPONDENT - the person paying the support in a support case; the defendant in a civil action.

SERVICE OF PROCESS - the communication of the court papers to the defendant, either by actual delivery or by other methods. The defendant is furnished with reasonable notice of the proceedings against him or her to afford the defendant the opportunity to appear and be heard.

SEXUAL VIOLENCE – a person may be a victim of sexual violence if any one incident of the following has occurred: Sexual battery, as defined in F.S. Chapter 794; or A lewd or lascivious act as defined in F.S. Chapter 800; or Luring or enticing a child as described in F.S. Chapter 787; or Sexual performance by a child, as described in F.S. Chapter 827; or Any other forcible felony wherein a sexual act is committed or attempted.

SMALL CLAIMS - legal actions that deal with money/property matters of $8,000.00 or less. Proceedings in Small Claims Court are usually less formal than in other types of courts, and parties usually represent themselves without the assistance of an attorney.

SUMMONS - a notification to a defendant in an action that an appearance or answer is required or a judgment will be entered against the defendant. The object of the summons is to notify the defendant that he has been sued.

SUBPOENA - a writ issued under authority of a court to compel the appearance of a witness at a judicial proceeding. Disobeying the subpoena may be punishable as a contempt of court.

SUBPOENA DUCES TECUM - requires the party subpoenaed to bring with them and/or produce books, records, or other tangible goods.

SUPPORT - an obligation imposed by court order that requires the respondent (obligor) to pay the petitioner (obligee) a specified amount of money. This support can be for spousal support (alimony) or child support. If the support is for the child, the non-custodial parent pays the custodial parent support. A person who fails to pay the court ordered support may be held in contempt by the court and jailed until the past due amount (arrears) is paid.

TERM - indicates the provisions of the court order that determines the amount, frequency, start date, and end date of support.

UIFSA/URESA - refers to Chapter 88 of Florida Statutes and governs all interstate support actions. Uniform Interstate Family Support Act/Uniform Reciprocal Enforcement of Support Act.

WRIT – a written document issued by a court or the clerk, commanding the party to whom it is addressed to perform or cease performing a specified act. (i.e. Writ of Execution or Writ of Garnishment)

WRIT OF EXECUTION – a writ empowering an officer of the court to enforce a judgment.

WRIT OF GARNISHMENT – a document rendered by the court or clerk directing a third party who holds money or property of a defendant to withhold it or appear in court.

• Small Claims Info

Helpful Videos

• Forms & Documents
• Small Claims FAQ
• Small Claims Locations

Notice Regarding Small Claims Pretrial Hearings

Small Claims Pretrial Hearings are being conducted by Zoom and/or telephone. Below is the current meeting information:

For Small Claims Pretrial hearings scheduled on Tuesdays :

• Visit  zoom.us
• Select Join A Meeting from the top menu Meeting ID: 982 7266 9906  Passcode: 640371 

If you are unable to appear by video, call:

• 1 786 635 1003 US (Miami)
• 1 470 250 9358 US (Atlanta)

Note: You will use the same Meeting ID and Password listed above for the call.

For Small Claims Pretrial hearings scheduled on Wednesdays :

• Select Join A Meeting from the top menu Meeting ID: 990 4470 5447  Passcode: 798649 

Court Changes as of January 1, 2020

On January 1, 2020, several big changes came to Florida's county courts.

• County court jurisdictional thresholds increased to $30,000 on January 1, 2020, and to $50,000 on January 1, 2023.
• Small claims cases include cases up to $8,000.
• Filers are required to include a civil cover sheet specifying the dollar amount in dispute in cases exceeding $8,000 in value.
• The new law maintains current rules that limits the provision of subsidized court mediation services to county court cases with an amount in controversy up to $15,000.
• State law provides that on January 1, 2020, appeals of county court orders or judgments with an amount in controversy greater than $15,000 will be heard by the district courts of appeal until January 1, 2023, when the provision repeals.

Learn more at KnowYourCourt.flcourts.org

Small Claims Information

A Small Claims case is a legal action filed in County Court to settle a claim or minor legal dispute in which, the demand for monies or the value of property does not exceed $8,000.00 (eight thousand dollars), excluding costs, interest and attorney fees.

Common types of actions handled by Small Claims Court include goods or services sold, money loans, auto negligence, security deposit refunds and unpaid rent (not to include evictions). The Clerk's office has specialized forms for each of these types of actions.

Requirements to File a Small Claims Case:

• You must be at least 18 years of age.
• You may be an individual, a person "doing business as" (dba) or a corporation.
• A minor child must have a parent or legal guardian file on his/her behalf.

Small Claims court is considered a "people's court" and a lawyer is not required. However, you may wish to consult with an attorney if there are complex legal issues or, you need legal advice on your rights and obligations.

The Clerk's staff cannot provide you with legal advice. The  Clerk's Self Help Center  for affordable legal services offers limited attorney consultations to pro se or self-represented litigants (i.e. those people who do not plan to have an attorney represent them in court).

The Self Help Centers in the Clearwater Courthouse, North County Branch and St. Petersburg Judicial Building can help citizens with legal issues concerning Small Claims Court disputes, divorce and landlord tenant issues when they are not represented by an attorney. For further information, visit our  Self Help Center page.

The  "How to Win in Small Claims Court in Florida"  book by Mark Warda, Attorney at Law, available in the Law Library located at 324 S. Ft. Harrison Ave., Clearwater, FL 33756, or your  public library  may have a copy.

Forms, Documents and Information Needed to File a Small Claims Case:

• Statement of Claim
• Photographs
• Law enforcement reports
• Promissory notes
• Copies of all documents filed provided for each defendant  (The original documents are maintained in the court file.)

The  Clerk's Self Help Center  for affordable legal services offers limited attorney consultations to pro se or self-represented litigants (i.e. those people who do not plan to have an attorney represent them in court).

Small Claims Process Flowchart

Collecting A judgment

Rules of Court that Govern County Civil Cases

Rules of Court that Govern Small Claims Cases

To remove certain private information from public records,  click here  for further instructions. 

Small Claims Frequently Asked Questions

Filing fees for Small Claims actions are determined by Florida Statutes and Pinellas County Ordinances, and are subject to change. A current Fee Schedule  is available on this website, as well as in any Clerks office location for your information. Additional fees are required to serve the parties you are suing. You may contract with a Private Process Server to have the summons served or send it via certified mail. The Pinellas County Sheriff's office has a list of Private Process Servers .  If you need the  Sheriff of another county to serve your notice, you will need to check their requirements and the address to which the notice should be sent. Certified mail service cannot be used as method of service outside the state of Florida. However, a post office box, if it is within the state of Florida, can be used to serve via certified mail.

The pre-trial will be set within 50 days of filing, usually within 3 to 4 weeks. You will be sent by mail your pre-trial date and time within 7 days of filing. Each person or business you are suing must be served with a Summons to appear in court on the date and time the pre-trial is scheduled. You can check to see if a party has been served by reviewing the case docket online, HERE . It should state either "NOTICE RETURNED SERVED" or "NOTICE RETURNED NOT SERVED". If the docket shows a "NO SERVICE LETTER ISSUED", this means a letter was sent to the plaintiff explaining why the case was continued. If you need to serve the party again, a written request to the Clerk is required. Small Claims Process Flowchart

Both parties must appear at the pre-trial or have an attorney appear for them. You should be prepared to present your case to the court at the pre-trial. If the dispute cannot be settled at this time, a trial date will be scheduled by the court for your case to be heard. Witnesses can be subpoenaed for the trial. A trial by jury may be requested by the plaintiff upon written demand when the case is filed or by the defendant within 5 days after service of Notice to Appear at pre-trial. Requesting another pre-trial date must be done in writing. Your case number and signature must be on the request. When the case is filed, it is only assigned either "NPC" (designating the Clearwater Courthouse location) or "SPC" (designating the St. Petersburg location). A judge will not be assigned until you go to pre-trial and either a trial is set or an Order is signed. At the trial you will have an opportunity to explain your case to the judge, ask the person(s) you are suing any questions concerning your claim, present your documentation as discussed at the pre-trial conference and call on your witnesses to help explain your case.

If, at any time in the proceedings a settlement is reached between the parties, the plaintiff [person(s) who filed suit] must notify the Clerk of the Circuit Court's Office, in writing, of the settlement. If a court date has been scheduled, the judge before whom the case is set should be notified. If, "A Stipulation to Stay Entry of judgment" was entered into at the pretrial, but the defendants have not complied with it, in order to get a judgment: A sworn (notarized) statement is needed per paragraph 2 of the Stipulation stating what is left due and owing. The amount cannot exceed the amount of the Stipulation. Once we receive this "Affidavit of Balance Due", the Clerk prepares the Final judgment and sends it to the Judge for signature. Copies will be mailed to both parties.

Although, the court does not collect money damages for you, a judgment lien can be placed against the defendant's name by sending a written request to the Clerk of the Circuit Court to record a certified copy of your Judgment as a Judgment Lien. Fees for recording are set by statute and are subject to change by legislative action. Refer to the current Fee Schedule available on this website, as well as in any Clerk's office for additional information. Other methods of collecting include garnishing wages or bank accounts and levying on an execution. You may also find useful information about "Collecting the Judgment"  on this website.

A Small Claims case may be filed with the Clerk of the Circuit Court at any one of the locations listed below.  Please Note: For faster and more efficient service all paperwork being mailed should be sent to the Civil Court Records address.

Civil Court Records   315 Court St., Room 170  Clearwater, FL 33756  (727) 464-7000 North County Customer Information & Service Center   29582 U.S. 19 N.  Clearwater, FL 33761  (727) 464-7000 St. Petersburg Branch   545 First Ave. N.  St. Petersburg, FL 33701  (727) 464-7000

Documents will be processed and recorded at the Clearwater and St. Petersburg courthouse locations. For your convenience, documents may be dropped off at the North County Branch office to be forwarded to the Clearwater and St. Petersburg courthouse locations for recording. Please include a self-addressed envelope with your documents.

North County Customer Information & Service Center 29582 U.S. 19 N.  Clearwater, FL 33761  (727) 464-7000

• Subpoena Information

Fees and Service

• Subpoena Forms

Subpoena Requirements

Process server information, office locations.

• Foreign Subpoena (out of state cases)
• Subpoena Duces Tecum for Desposition
• Subpoena Duces Tecum for Depostion

The Florida Statutes , the Florida Rules of Civil Procedure ,  Florida Rules of Criminal Procedure , and the Florida Rules of Juvenile Procedure govern the procedures for issuing subpoenas in Civil, Criminal and Juvenile court cases. Each subpoena may involve specific requirements that must be met either before or when the subpoena is issued. Please see the subpoena chart below and read further about these requirements and the Florida Rules of Procedure that apply specifically to each type of subpoena on the chart.

The Clerk's office receives many inquiries about how to find and/or how to become a process server. However, the Clerk's office does not have a role in either the steps to locate a process server and/or to become a process server.

Pinellas County Process Servers:

If you are a private citizen or an attorney and need a non-enforceable civil summons/subpoena served, you will need to contact a Private Process Server. The Pinellas County Sheriff's office has a list of Private Process Servers .

Clearwater Courthouse (Civil Court Records) 315 Court St., Room 170 Clearwater, FL 33756 Pinellas County Justice Center (Criminal Court Records) 14250 49th Street N. Clearwater, FL 33762 St. Petersburg Judicial Building 545 First Avenue North St. Petersburg, FL

Foreign Subpoena

Florida Statute 92.251 Uniform Interstate Depositions and Discovery Act effective July 1, 2019.

Instructions

• Fill out the applicable Foreign Subpoena form found below
• A signed subpoena from the other State
• A cover letter with instructions
• The Florida Foreign Subpoena form from below, filled out with their foreign case information (2 copies per Subpoena – one for signing and one for conforming)
• $9.00 per subpoena to be signed
• Return envelope with postage (if returning to sender via mail)
• Mail to: 

Clerk of Court 315 Court Street, Room 170 Clearwater, FL 33756

Foreign Subpoena Forms

Civil Subpoena Duces Tecum with Deposition

Civil Subpoena Duces Tecum without Deposition

Civil Subpoena for Deposition

Subpoena for Inspection of Premises

• Judgment Information
• Garnishment
• Sheriff’s Levy
• Satisfaction of Judgment

Collecting a Judgment

What is a Judgment?

A decision by a court or other tribunal that resolves a controversy and determines the rights and obligations of the parties. It is regarded as the court's official pronouncement of the law on the action that was pending before it. A judgment states who wins the case and what remedies the winner is awarded, and is the final part of a court case.

Judgment Lien Against Personal Property (F.S. Chapters 55 and 222 )

THE JUDGMENT CREDITOR MAY OBTAIN A JUDGMENT LIEN AGAINST PERSONAL PROPERTY owned by the judgment debtor by recording a Judgment Lien Certificate with the Florida Department of State. This is required before the Sheriff’s Office can levy any such personal property.

A judgment lien may be acquired on a judgment debtor's interest in all personal property in this state subject to execution under F.S. 56.061 , other than fixtures, money, negotiable instruments, and mortgages.

• All of the judgment debtor's personal property located in Florida may be subject to such a lien. F.S. 222 provides that certain property and wages of a judgment debtor may be exempt from forced sales and garnishment to pay a valid judgment.
• Information, instructions, and forms are available from the Florida Department of State .
• A judgment lien against real property cannot be filed through the Florida Department of State. Please see the next section regarding judgment liens against real property .

Judgment Lien Against Real Property (F.S. Chapters 55 and 222 )

THE JUDGMENT CREDITOR MAY OBTAIN A JUDGMENT LIEN AGAINST REAL PROPERTY owned by the judgment debtor by having a certified copy of the judgment/order recorded in the official records of the county where the property is located. F. S. 55.10

• To obtain a lien against real property located in Pinellas County, you may submit a Motion for Recordation of Judgment as Lien form with the appropriate recording fee.
• A judgment, order, or decree does not become a lien on real property unless the address of the person who has a lien as a result of such judgment, order, or decree is contained in the judgment, order, or decree or an affidavit with such address is simultaneously recorded with the judgment, order, or decree.
• Judgment liens on real property last for ten (10) years and may be renewed for an additional ten (10) years one time, not to exceed twenty (20) years from the date of the initial judgment.
• A judgment lien against real property cannot be filed through the Florida Department of State.

Garnishment of Wages, Money or Property (F.S. Chapters 77 and 222 )

THE JUDGMENT CREDITOR MAY HAVE THE JUDGMENT DEBTOR’S PROPERTY GARNISHED. Garnishment involves the taking of tangible and/or intangible property of the judgment debtor that is in the possession of a third party and may include wages and bank accounts. OR Garnishment is a very technical and complicated procedure, and as such, you may wish to consult with an attorney and thoroughly review F.S. 77 and 222 and the Florida Rules of Procedure before proceeding.

Wage Garnishment

GARNISHMENT OF A JUDGMENT DEBTOR’S WAGES is a common means of collecting a judgment and is facilitated by the issuance and service of a Continuing Writ of Garnishment.

• A Continuing Writ of Garnishment is a legal instrument issued by the court that instructs the judgment debtor’s employer (the garnishee) to make periodic payments to the judgment creditor from a portion of the judgment debtor’s salary, as it becomes due, until the judgment principle plus interest and costs are paid or until otherwise provided by court order.
• The judgment creditor files a Motion for a Continuing Writ of Garnishment and pays the applicable garnishment fees  through the e-Filing portal. Then the creditor forwards the  Continuing Writ of Garnishment Order  directly to the judge's office for review by the court. Only a judge can issue a Continuing Writ of Garnishment. 

Bank Garnishment GARNISHMENT OF A JUDGMENT DEBTOR’S BANK ACCOUNT is a common means of collecting a judgment and is facilitated by the issuance and service of a Writ of Garnishment.

• A Writ of Garnishment is a legal instrument that allows a bank to freeze assets (belonging to the judgment debtor) in its control. You will need to provide as much information regarding the judgment debtor’s account, at least providing the name and location of the bank.
• The judgment creditor files a Motion for Garnishment and Writ of Garnishment Order with the Clerk’s Office. The judgment creditor must pay the applicable garnishment fees .

Once issued: THE WRIT OF GARNISHMENT MUST BE SERVED ON THE GARNISHEE (judgment debtor’s employer or bank) by a  Private Process Server .

• The garnishee must file an answer within twenty (20) calendar days of being served, stating what sum and what tangible or intangible personal property of the judgment debtor they have or had in their possession or control at the time of their answer, service of the writ, or at any time between such times; and whether the garnishee knows of any other person indebted to the judgment debtor, or who may have any property of the judgment debtor in their possession or control.
• Failure by the garnishee to file an answer may entitle the judgment creditor to judgment against the garnishee for the entire sum set forth in the judgment creditor’s Motion for Continuing Writ of Garnishment.
• In the case of bank garnishments you may obtain the funds being held by the garnishee by filing a motion requesting that the court order the garnishee to release said funds. This request must be made within six (6) months of the Writ of Garnishment being served on the garnishee and should be specific as to the amounts you are requesting be released and consistent with the judgment.

Claims of Exemption Against Garnishment:

• A judgment debtor, who is an individual (exemptions do not exist for businesses), may claim certain exemptions (as set forth in Florida Statutes, Chapter 222 ) within twenty (20) days after being served with the Writ of Garnishment by filing a Claim of Exemption and Request for Hearing see Florida Statute 77.041).
• If you are a judgment debtor claiming exemptions, please be sure to completely fill out the Certificate of Service section at the bottom of the Claim of Exemption form and have the form notarized, as not doing so may cause you to lose important time and legal rights.
• If the judgment debtor files a Claim of Exemption, the judgment creditor will have eight (8) business days (if the Claim of Exemption is hand-delivered) or fourteen (14) business days (if the Claim of Exemption is mailed) from the date the defendant signed the Certificate of Service on the Claim of Exemption form to file an objection to said exemptions.
• If exemptions are claimed, wages, money, or property subject to the garnishment will continue to be garnished until further order of the court; however, they will be held in escrow until any dispute over the exemptions is resolved by the court.
• If a hearing is scheduled, the Clerk’s Office or judge will notify the parties of the date and time via mail.
• If the judgment creditor fails to file their objections to the judgment debtor’s Claim of Exemption within the allotted time frame, a hearing will not be required and the Writ of Garnishment will be automatically dissolved by the Clerk. All parties will be notified via mail of the dissolution of the writ, and any wages, money, or property being held in escrow will be released back to the judgment debtor.

Sheriff's Levy (F.S. Chapters 30 , 55 , 56 , and 222 .)

• Levy is a very technical and complicated procedure and as such, you may wish to consult with an attorney and thoroughly review F.S. 30 , 55 , 56 , and 222 .
• The judgment creditor may apply for a Writ of Execution by filing a Motion for Writ of Execution and Writ of Execution with the Clerk’s Office to have the Clerk issue the Writ of Execution. Follow the procedure set out in F.S. 55.203 or access Sunbiz.org for information on how to collect a judgment.
• For additional forms, instructions and further information contact the Sheriff of the County where the property to be levied is located. In Pinellas County, the Pinellas County Sheriff’s Office provides a Levy Information packet online.

Satisfaction of Judgment (F.S. Chapter 55 )

A SATISFACTION OF JUDGMENT IS a legal document prepared by a judgment creditor attesting to the fact that a judgment debtor has paid, and therefore satisfied, a court acknowledged debt (or judgment).

A JUDGMENT SATISFACTION MAY BE OBTAINED ONE OF TWO WAYS:

• Privately, by obtaining from the judgment creditor, and recording in the official records where judgment was rendered, a Satisfaction of Judgment .
• All judgments for the payment of monies rendered in the Florida Courts may be satisfied at any time (prior to the actual levy of execution-garnishment or sheriff’s levy) by payment of the full amount of the judgment principle plus interest and costs into the Registry of the Court where judgment was rendered.
• Upon payment, the clerk shall execute and record in the official records a Satisfaction of Judgment, when requested by the judgment creditor.

UPON THE RECORDATION OF THE SATISFACTION any lien created by the judgment is discharged.

Forms (Please use the appropriate form for your case type.)

• Motion for Recordation of Judgment as Lien Small Claims form County/Circuit form
• Motion for Writ of Execution
• Writ of Execution - All Court types
• Ex Parte Motion for Hearing in Aid of Execution This form must be served: Service fee to be provided at time of filing.
• Fact Information Sheet for Individuals
• Fact Information Sheet for Businesses
• Satisfaction

Garnishment Forms

• Prejudgment Writ of Garnishment This form requires an order from the court before the clerk can issue it. The Pre-judgment Writ must be served.
• Motion for Garnishment Small Claims form County/Circuit form This form is used after a final judgement has been entered.
• Writ of Garnishment This form must be served after issuance.
• Motion for Continuing Writ of Garnishment Small Claims form County/Circuit form This form is used after a final judgement has been entered.
• Continuing Writ of Garnishment Order The Continuing Writ of Garnishment Order must be served after the judge signs it.
• Instructions to Garnishee Includes Answer of Garnishee and Garnishment Accounting Sheet.
• Claim of Exemption and Request for Hearing

Should you have any further questions regarding the above referenced procedures please contact the Pinellas County Clerk of the Circuit Court, Civil Court Records Department at (727) 464-7000 or the Pinellas County Sheriff, Civil Section at (727) 582-6240. The Clerk’s and Sheriff’s Offices cannot answer legal questions nor advise you of your legal rights. It is therefore advisable that you consult with an attorney, as these can be complicated areas of the law, before you proceed.

Forms may be filed or additional information obtained, at any of the locations listed below. Writs of Garnishment may be filed at any of these locations but will be forwarded to the Civil Court Records Department in downtown Clearwater for processing. Please Note: For faster and more efficient service, all paperwork being mailed should be sent to the Civil Court Records address.

Call (727) 464-7000 for more information.

Civil Court Records 315 Court Street, Room 170 Clearwater, FL 33756 North County Customer Information & Service Center 29582 U.S. 19 North Clearwater, FL 33761 St. Petersburg Branch 545 First Avenue North, Room 101 St. Petersburg, FL 33701

Office hours for these and all Clerk's locations may be found here.

Civil Court Records Appeals

An appeal of a lower court decision is a legal process by which a higher court is asked to review the trial court's record and rule on the legal issues raised by the appellant, the person filing the appeal. All other parties in the case are the appellees.

Any party to the case may file an appeal. A Civil case appeal (Small Claims, County Civil, Circuit Civil or Family) must follow the Florida Rules of Appellate Procedure   9.200 for the Record, 9.210 for the brief and 9.900 for the forms.

Small claims, County Court, Circuit Court and Family Division cases are appealed to the 2nd District Court of Appeals.

Requirements to File an Appeal:

A Notice of Appeal must be filed with the Clerk within 30 days from the date the judgment or order being appealed is filed with the Clerk and must be in the form prescribed by Florida Rules of Appellate Procedures, found in Rule 9.900. The following is also required to be filed at the same time with the Notice of Appeal:

Small Claims and County Civil cases:

• Original Notice of Appeal with attached copy of order or judgment being appealed.
• Per page fee for copying notice of appeal (including any attachment pages submitted)
• Certification of copy fee (for the Notice of Appeal for Appellate Court)

A current Fee Schedule  is available on this website, as well as in any Clerk's office location for your information.

Family and Circuit Civil cases:

Original Notice of Appeal with an attached copy of the order or judgment being appealed

​ The following fees** are payable to the Clerk of the Circuit Court:

• A Check or money order can be mailed to the 2nd DCA 1700 N. Tampa Street, Suite 300 Tampa, FL 33602 or
• The payment can be made on the state e-filing portal  myflcourtaccess.com

** Please note: Pursuant to Florida Statute 28.24 , the appellant will also be billed a service charge upon preparation of the Record on Appeal on a final order as follows:

Directions to the Clerk, stating which documents are desired to be included in the Record of Appeal, must be filed within 10 days after the filing of the Notice of Appeal or Appellate Rules 9.200 will be followed when preparing the Record.

A per instrument fee submitted in the Record, A fee for certification, plus postage if the prepared record is to be mailed to the 2nd District Court of Appeals. Payment for these service charges is required to be made before the Record on Appeal will be submitted to the Court. Failure to pay these fees may result in a dismissal of your appeal.

The Clerk will not prepare a record on a non-final order unless directed by the Court to do so. 

There are no hearings in the Appellate Division. All cases are reviewed by filing briefs per Florida Rules of Appellate Procedures   9.210.

If appealing a Small Claims, County Civil, Circuit Civil or Family case, please submit briefs directly to the 2nd District Court of Appeals, 1700 N. Tampa Street, Suite 300, Tampa, FL 33802. 

Other Appeals Filed in Civil Court

Writs of Certiorari, Writs of Mandamus, Writs of Prohibition, and Administrative Appeals are also filed in Civil Court.

• These are orders appealed from County, State or Municipal Agency Divisions
• The Circuit Court of Appeal reviews these appeals prescribed by Florida Rules of Court 9.030
• Filing Fees

Where to file and/or get more information:

Questions regarding Civil, Criminal, Juvenile, Traffic and Probate appeals contact: Criminal Court Records 14250 49th Street North Clearwater, FL 33762 (727) 464-7000

2nd District Court of Appeals Florida Rules of Appellate Procedures (192 page PDF document)

The Pinellas Eviction Diversion Program

The Pinellas Eviction Diversion Program is a new service offered by the Community Law Program which provides no cost virtual mediation services to qualified tenants impacted by the COVID-19 pandemic and landlords involved in eviction related disputes. The Program partners with several agencies including Bay Area Legal Services, Gulfcoast Legal Services, Stetson University College of Law, the Homeless Leadership Alliance, 211 Tampa Bay, Dab Community Services, and Community Development and Training (CDAT).

This exciting new program is a “One Stop Shop” for qualifying tenants needing:

• Free legal help
• A neutral third party (mediator) to work with them and their landlord to try to resolve a dispute over rent
• Help applying for money to pay rent through Pinellas CARES
• Help locating a new place to live (if unable to stay in their current residence)

Participation in virtual mediation is currently voluntary, so both parties must agree to participate. The Program is open to tenants and landlords currently involved in a court case as well as to tenants and landlords who have a disagreement but neither party has filed anything with the Court. To learn more, please visit  https://pinellasevictiondiversion.org/  or call 727-582-7475.

For filing and other fees, please review our schedule of service fees at  https://www.mypinellasclerk.gov/Home/Fee-Schedule .

A residential landlord/tenant action applies to the rental of a non-commercial dwelling unit and is an action filed by a landlord against a tenant on common disputes such as payment of rent, non-compliance or breach of a lease or rental agreement.

A landlord (the owner or lessor of a dwelling) may file a residential landlord action against a tenant (a person entitled to occupy a dwelling unit under a rental agreement). If you have a commercial, agricultural or personal property lease, you should consult an attorney for the proper procedures to resolve disputes.

Landlord/tenant actions involving money amounts only and that are under $8,000 (eight thousand dollars) can be filed in Small Claims Court . Evictions or other breach of lease issues must be filed in County Court.

Before you can file a residential landlord/tenant action, proper written notice must first be given to the tenant. The form of the notice will depend on the landlord's reason for terminating the lease.

Helpful Information

• Landlord and Tenant Eviction for Residential Property  Forms  (located under the Civil Court forms button) 
• Eviction-Ejectment-Unlawful Detainer - Quick Reference Guide
• Quick Reference Guide to Complete Forms
• Tenant Rights Information
• Landlord/Tenant Information - Florida Department of Agriculture/Consumer Services
• Delinquent Tenant Flow Chart

The Clerk's Self Help Center offers affordable legal services in the form of limited attorney consultations to pro se or self-represented litigants (i.e. those who do not plan to have an attorney represent them in court). Form packets may also be purchased at the Clerk's Self Help Center or downloaded from our website free of charge.  Form packets may also be purchased at the Clerk's Self Help Center or downloaded from our  website  free of charge.

Information from the St. Petersburg Times is available: In Adobe Acrobat format, HERE .  In Microsoft Word format, HERE.

Frequently Asked Questions and Answers about Landlord / Tenant Matters

There are forms landlords will need to send to tenants to terminate the lease and evict the tenant and forms for tenants to use to give notice to the landlord to end the lease or withhold rent payments. The Clerk's Civil Court Records departments and Self Help Centers have forms designed for use in the event of common residential/landlord disputes available for purchase. Additionally, a packet of forms can be obtained online, HERE . If you would like to consult with an attorney and have an attorney review your forms before filing them, you may visit the Clerk's Self Help Center for affordable attorney consultations starting at $15 for 15 minutes.

In order to file a landlord action, you must file a complaint and provide summonses for the Clerk  to issue to each tenant .  The issued summons(es) will be returned to you in the postage paid addressed envelope that you provide.  You will then need to contract with a Private Process Server  to have the summons(es) served on the tenant(s).  Bring the following documents with you to file your case with the Clerk's Office: Complaint for Eviction [Form #5 or 5a] with attached copy of the written lease agreement and/or Notice to Pay Rent [Form #1] Copies required – (1) Original filed with the Clerk and (1) copy for each Defendant to be served* Civil Cover Sheet [Form #1.997] Authorization of Property Manager [Form #COCIV 87]. Only provide if you are a property manager filing a complaint on behalf of a landlord Pursuant to Administrative Order 2006-070 , a Property Manager can represent a landlord in an uncontested residential eviction. Once a residential eviction becomes contested, the Landlord must either represent themselves or be represented by an attorney. Summons on Claim for Possession of Residential Premises and/or Ancillary Relief [Form #7] – must provide separate summons for each tenant Must also include Spanish and French translations (pg. 2 of Form #7) Copies required – (1) Original and (1) copy for each Defendant to be served.* $10.00 summons fee – payable to the Clerk of Circuit Court (fee required for each summons issued by the Clerk) One self-addressed envelope with postage (stamped) for the Clerk to return the summonses to you * If you anticipate posting, per Florida Statute 48.183, the landlord must provide an additional copy of the complaint with attachments, summons, and a pre-addressed stamped envelope for mailing to each Defendant. In addition, filing fees will be owed and a process fee for service by a  Private Process Server  or service by publication. There are different requirements for tenant actions. You may wish to consult an attorney or refer to the public library or law library for detailed information. The Clerk's Self Help Center offers affordable legal services in the form of limited attorney consultations to pro se or self-represented litigants (i.e. those who do not plan to have an attorney represent them in court). Attorney consultations start at $15 for 15 minutes. Form packets may also be purchased at the Clerk's Self Help Center.

You may wish to consult with an attorney or familiarize yourself with the procedures for enforcing your rights under your lease. If you would like to consult with an attorney and have an attorney review your forms before filing them, you may visit the Clerk's Self Help Center for affordable attorney consultations starting at $15 for 15 minutes. The residential landlord/tenant relationship is controlled by the terms of your lease and by Part II of Chapter 83 of the Florida Statutes . The procedures for enforcing your rights can be found in section 51.011 Florida Statutes. The public library or the law library located in the Old Clearwater Courthouse at 324 South Fort Harrison Ave., will have these reference materials. Forms approved for use in the Sixth Judicial Circuit are available in the Clerk's Office for individuals filing landlord/tenant actions on their own behalf (pro se) . The Clerk's Civil Court Records departments and Self Help Centers have forms designed for use in the event of common residential/landlord disputes available for purchase. Additionally, a packet of forms can be obtained online, HERE . If you would like to consult with an attorney and have an attorney review your forms before filing them, you may visit the Clerk's Self Help Center for affordable attorney consultations starting at $15 for 15 minutes. An additional resource is www.800helpfla.com .

The party served the summons will have a specific time period in which to respond dependent upon the type of summons issued. If a response is filed, you will need to contact the assigned judge's office to schedule a court date. If no response is received or no monies are deposited into the court registry, you may file a Motion for Default with the Clerk's Office. If the Court enters a final judgment against a party in default and the final judgment is for eviction, you may ask the Clerk to execute a Writ of Possession if you anticipate having to forcibly remove the tenant or tenant's possessions. The Pinellas County Sheriff's Office currently charges a fee of $90.00 to serve the writ. The Sheriff accepts in-state checks, money orders or cashier checks. Please make the payment payable to the Pinellas County Sheriff's Office and include with the Writ of Possession submitted to the Clerk's Office.

COVID-19 Notice

With the expiration of the Governor’s Executive Order 20-211, tenants facing eviction may have options available to them pursuant to the Centers for Disease Control (CDC) Order Temporarily Halting Evictions . Please be advised that the Clerk cannot provide legal advice, and has no role in reviewing or evaluating court filings or CDC declaration forms to determine whether an eviction case falls under the CDC directive; that duty falls to the parties to an action and the Court. Please contact an attorney if you have any questions about this or need legal assistance.

Participation in virtual mediation is currently voluntary, so both parties must agree to participate. The Program is open to tenants and landlords currently involved in a court case as well as to tenants and landlords who have a disagreement but neither party has filed anything with the Court. To learn more, read the Pinellas Eviction Diversion Program flyer. To apply for help, please call (727) 582-7475.

• Information & Services

Notice of Sale

• Online Sales

Buyers Beware

• Surplus Funds

Mortgage Foreclosure Information and Services

Mortgage Foreclosure Calendar Online Mortgage Foreclosure Sales Website Mortgage Foreclosure Administrative Orders Owner's Claim for Surplus Funds Foreclosure Statistics Lis Pendens fees The Federal Reserve Board - 5 Tips for Avoiding Foreclosure Scams

Organizations that may be able to help:

• Neighborhood Home Solutions
• Clearwater Neighborhood Housing Services
• Tampa Bay Community Development Corporation (CDC)

Gulfcoast Legal Services announces free foreclosure assistance:

Gulfcoast Legal Services  recently received funding to expand our legal assistance to many previously ineligible homeowners in Pinellas and Manatee Counties who are facing foreclosure. Whether you are behind on your mortgage payments or have already received foreclosure papers, we may be able to help you find a workable solution. GLS can help you fight a mortgage foreclosure of your homestead property and/or help you with a mortgage restructure or modification negotiation with your bank or other lender.

We cannot guarantee representation. However, we can provide you with information that you may need to keep your home. Call NOW to get legal advice from an attorney.

Pinellas residents: Call (727) 821-0726

Manatee residents: Call (941) 746-6151 

Are you a tenant in a home that is being foreclosed on? Florida Statute 83.561 Termination of rental agreement upon foreclosure may assist you in understanding your rights.

Filing a Mortgage Foreclosure case? The Sixth Judicial Circuit’s A.O. No. 2019-004  requires that additional documents be filed in all mortgage foreclosure cases in Pinellas County and provides changes in procedures which may affect the sale.

Additionally, pursuant to 28.241 (1)(a) 2.b, "a party shall estimate in writing the amount in controversy of the claim upon filing the action." As a convenience, we have provided this form , which may be used to estimate the value of real property or mortgage foreclosure claims.

Lis Pendens (Notice of) may be required in a foreclosure action to be placed in the public record to warn persons (such as prospective purchasers or others having an interest in the property under suit) that the title to the property is in litigation and may be bound by an adverse judgment. The Lis Pendens must be recorded and the person filing must pay the recording fee of $5.00 for the 1st page and $4.00 for each additional page, plus $1.00 for each name over 4 names listed style of the document. (To calculate Lis Pendens fees go to the Recording Fees Calculator ).

Any party that wishes to participate in mediation may file a Motion for Mediation of a residential mortgage foreclosure case in accordance with section 44.102, Florida Statutes, and Rules of Civil Procedure 1.700-1.730. The Court’s Circuit Civil Mediation Program will manage residential and commercial foreclosure cases referred to mediation.

Plantiff/Judgement Holder Sale Fees: The plaintiff’s attorneys/representatives registered at the Pinellas County Realforeclose website www.pinellas.realforeclose.com MUST pay the $70 Certificate of Sale fee from the “Manage Case” page.

The $59.00 service fee for conducting an electronic sale shall be assessed as costs and paid when filing for an electronic sale date pursuant to Florida Statute 45.035(3). Each time the sale is scheduled or re-scheduled, the Plaintiff is required to pay the $59.00 service fee. The payment can be made via the e-Portal. These fees must be paid prior to the date of sale in order for the sale to be conducted. 

Winning Bidder Fees: In order to participate in the sales, bidders must register on www.pinellas.realforeclose.com to get a Username and Password and place a valid deposit for their bids to be considered unless they are the judgment holder. If a judgment holder is the successful bidder, the 5% deposit will be credited against the judgment amount. The judgment holder thus does not need to pay funds for the deposit unless he or she bids above the amount of their judgment credit.

You will need to register at the Pinellas County Realforeclose website www.pinellas.realforeclose.com , and must deposit certified funds equal to 5% of your estimated high bid for each sale you anticipate winning prior to the sale date(s) that you would like to bid on.

If you are the successful bidder, the 5% advance deposit will be automatically applied to your final payment and the difference between the deposit and the total amount due must be received by the Clerk by 11:00 am EST on the next business day after the sale.

Pursuant to sections 28.24(10), Florida Statutes, the successful bidder must pay the following costs by 11:00 AM the following business day: Court Registry fees of three percent (3%) of the first $500.00, and one and a half percent (1 ½%) of the balance of the amount bid and any other costs as set forth in the Judgment or order of the court. Before the Certificate of Title is issued documentary stamp taxes ( $.70 per $ 100.00) must be paid and it is recommended that you pay the doc stamps at the same time as your auction winning balance.

See the FAQs section of www.pinellas.realforeclose.com for further information.

A.O. No. 2019-00 4

The lender is responsible for completing and submitting the Notice of Sale directly to the appropriate newspaper. Notices must be prepared and published in accordance with chapters 45 and 702 , of the Florida Statutes. The lender must file the original Notice of Sale and Affidavit of Proof of Publication with the Clerk no later than twenty-four (24) hours prior to the sale. The mere failure to publish a notice of sale is not a ground for canceling the sale, and does not impair the Clerk’s authority to issue a certificate of sale, but Plaintiff’s failure to timely publish notice may subject the Plaintiff to sanctions.

In an effort to assist with the Notice of Sale requirements and the commonly used publications, the following information is provided:

• Notices must be prepared in accordance with F.S. 45031, section 2.
• Notice of sale shall be published once a week for 2 consecutive weeks in a newspaper of general circulation, as defined in Chapter 50, published in the county where the sale is to be held. The second publication shall be at least 5 days before the sale.
• A description of the property to be sold.
• The time and place of sale.
• A statement that the sale will be made pursuant to the order or final judgment.
• The caption of the action.
• The name of the clerk making the sale. (e.g. Ken Burke, Pinellas County Clerk of Court)
• A statement that any person claiming an interest in the surplus from the sale, if any, other than the property owner as of the date of the lis pendens must file a claim within 60 days after the sale.
• Plaintiffs must check the Clerk’s website for any documents, such as a bankruptcy or an Order vacating sale, that would prevent the sale from taking place.
• Plaintiffs must inform the newspaper of the publication dates.

Commonly used publications are:

• Business Observer – Legal Department Deadline: 2 p.m., Wednesday Contact: Kelly Martin Phone: (727) 447-7784 / Fax: (727) 447-3944 / Email: [email protected]
• La Gaceta Wednesday Deadline: 12 p.m. for Friday publishing Contact: Erin Manteiga Email: [email protected]
• Tampa Bay Times – Legal Notice Desk Sunday Deadline: 12 p.m., Wednesday Deadline: 12 p.m. Contact: Bob Harry Phone:(727) 893-8358 / Fax: (727) 892-2902 / Email: [email protected]
• The Weekly Challenger Deadline: 5:00 pm, Tuesday Contact: Michael Lewis Phone:(727) 709-2335 / Email: [email protected]

Online Mortgage Foreclosure Sales

View the Mortgage Foreclosure Calendar here.

Effective October 4, 2010, foreclosure sales will be conducted online at www.pinellas.realforeclose.com, Monday through Friday beginning at 10:00 a.m., EST on the specified dates by judicial order or final judgment. Check the electronic online auction calendar located on this website.

Public computer terminals will be available for use during sales in the Clerk’s offices located in the back of the Official Records Department of the Clearwater Courthouse at 315 Court St, Room 163, and the Judicial Building in St. Petersburg at 545 1st Ave. North.

Conditions of Sale: Foreclosure files can be viewed online here.

Deposits: Pursuant to F.S. 45.031, in advance of the sale, a deposit must be made equal to 5% of your successful final bid(s) for each property you wish to bid on. The advance deposit can be made on this site via wire transfer (see NOTE below) or in person at the Clearwater Courthouse, 315 Court Street, Room 170, Clearwater, FL 33756 or in St. Petersburg at the Judicial Building at 545 1st Avenue North, St Petersburg, FL 33701, by cash, cashier’s check, money order, certified check, official bank check, government issued checks or if represented by an attorney, by attorney trust account check (clearly delineated as such on the check). Please make any checks payable to: Clerk of the Circuit Court.

In person deposits require the bidder to initiate the deposit on the www.pinellas.realforeclose.com, site by selecting counter deposit and printing a deposit slip. The deposit slips contain vital information needed to apply funds received to bidder’s account and must be provided to the Clerk’s office for counter deposits.

If a judgment holder is the successful bidder, the 5% deposit will be credited against the judgment amount. The judgment holder thus does not need to pay funds for the deposit unless he or she bids above the amount of their judgment credit.

BIDDERS : have you heard about the PAY FROM DEPOSIT option now available to you? The pay from deposit option ensures that the exact amount due is received by our office and is a huge time-saver for everyone. This payment option can be used for your Winning bid and fee payment, all you need are sufficient funds in your bidder account when a payment is created, and this option will be available to you. Give it a try and happy bidding!

Bidding: To be eligible to bid on an auction you must register at www.pinellas.realforeclose.com . The site provides information for each pending sale, including the case number and legal description. The Clerk and Realauction.com are not responsible for the quality or accuracy of any information provided on this site. Proxy bidding is available prior to the day of the scheduled sale you wish to bid on.

Instructions and additional information on how to place your bids can be located at www.pinellas.realforeclose.com .

Successful Bidder/Final Payment: If you are the successful bidder, the 5% advance deposit will be automatically applied to your final payment and the difference between the deposit and the total amount due must be received by the Clerk by 11:00 am EST on the next business day after the sale.

The “Name on Title” field in your bidder account will be used as the grantee name on the certificate of title if you are the winning bidder at a property auction, exactly as you have entered it on the www.pinellas.realforeclose.com/ site. It is your responsibility to verify that you have entered this field correctly; the Clerk has no authority to alter a grantee name if it is incorrect or incomplete. Please consult with an attorney, title agency, or estate planning professional before bidding to ensure that the Name on Title (grantee) field is accurate and will accomplish your goal.

For illustrative purposes only, below are a few non-exclusive examples of the types of grantee name formats that could be used in a “Name on Title” field; consult with your attorney to determine the appropriate format for your purposes.

• JOHN H. SMITH AND MARY L. SMITH, HUSBAND AND WIFE
• JOHN L. SMITH AND MARY R. DOE, AS TENANTS IN COMMON
• JOHN H. SMITH AS TRUSTEE OF THE 123 STREET TRUST DATED 1/1/2011
• SMITH COMPANY, INC.
• SMITH COMPANY, LLC
• SMITH COMPANY, LP

Pursuant to sections 28.24(10), Florida Statutes, the successful bidder must pay the following costs: documentary stamp taxes ($.70 per $100.00); and Court Registry fees of three percent (3%) of the first $500.00, and one and a half percent (1.5%) of the balance of the amount bid and any other costs as set forth in the Judgment or order of the court.

Final payment may be made in person by; cash, cashier’s check, money order, certified check, official bank check, government issued checks, or if represented by an attorney, by attorney trust account check at the Clearwater Courthouse at 315 Court Street, Room 170 or the Judicial Building in St. Petersburg at 545 1st Avenue North. Additionally, final payment may be made by wire transfer. Such wire transfer must be received by the Clerk’s bank by 11:00am EST the next business day after the sale and clearly indicate the case number for which payment is being made. Additionally, beginning May 1, 2017 all bidders will be able to make pre and post-sale payments from their bidder accounts, provided there are sufficient funds on deposit to cover the total amount due. Final payment may not be made by ACH/electronic check.

Failure to Pay: Failure to pay the balance of the final bid plus all fees due by 11:00am EST the next business day following the sale will result in forfeiture of the 5% deposit and nullification of the sale. The Clerk will retain the statutory registry of the court fees and the electronic online auction fee from the forfeited deposit. Any remaining funds will be disbursed according to court order.

IF THE SALE IS SET ASIDE, THE CLERK WILL RETAIN THE CLERKS FEE FOR CONDUCTING THE SALE AND THE ELECTRONIC SALE FEE, AS ENTITLED BY LAW.

Credit for Interest or Attorney Fees: In order to receive credit at the time of the sale for costs incurred after judgment (provided the judgment awarded the right to recover same), each judgment holder must provide to the Clerk, before the sale, an affidavit stating the amounts incurred. Attorney fees will only be paid in accordance with court orders.

Redemption: Pursuant to F.S. 45.0315, the mortgagor (the borrower(s) in a mortgage, typically a homeowner(s)) or the holder of any subordinate interest may cure the indebtedness and prevent a foreclosure sale by paying the amount of monies specified in the judgment “at any time before the filing of a certificate of sale by the Clerk of Court or the time specified in the judgment, whichever is later.” Payment for redemption must be made by cash, cashier’s check, money order, certified check or official bank check drawn upon a U.S. banking institution made payable to Ken Burke, Clerk of the Circuit Court, pursuant to the final judgment, plus Clerk’s sales fee, interest and all related costs of the sale.

Bankruptcy: Pursuant to A.O. No. 2019-004 , If, prior to the commencement of a foreclosure sale, the Clerk receives a formal Suggestion of Bankruptcy on behalf of a named Defendant in that foreclosure case, the Clerk shall remove the foreclosure sale from the docket without Court order. The Court may order the sale to proceed based upon evidence that there is a valid bankruptcy court order lifting the stay or dismissing the bankruptcy case.

Any interested parties (including the Plaintiff, junior lienholders or third party purchaser) may seek a bankruptcy court order to show there was no valid stay, that the stay was lifted, or to seek other appropriate relief pursuant to 11 U.S.C section 362.

In the event a foreclosure sale proceeds and is later vacated due to a bankruptcy stay, when no formal Suggestion of Bankruptcy was filed in the foreclosure case or the Court ordered the sale to proceed, the Clerk shall not be required to refund mandatory court registry or sales fees. See Wilken v. North County Co., Inc., 670 So. 2d 181 (4th DCA 1976) (stating that the buyer at a foreclosure sale assumes the risk of losing the court registry and sales fees if the sale is voided, and holding that a court could determine the party responsible for reimbursing such fees upon the invalidation of a foreclosure sale).

All properties or liens are sold “AS IS.”

Bidders are responsible for conducting their own research as to the property/lien being sold. The Clerk’s office makes no warranties or representation about the location or condition regarding any property, the condition of any structures or fixtures, its marketability, existing or potential uses, zoning regulations or laws that may affect current or future uses of the property, outstanding or potential liens, mortgages or other encumbrances or defects in title that may exist, including whether any defendants have filed a bankruptcy.

There are certain risks associated with bidding at foreclosure sales. One of them is the possibility of a foreclosure sale being set aside or vacated due to bankruptcy proceedings, orders of the court, owner redemption, appellate proceedings, or other reasons. Notwithstanding the vacation of a foreclosure sale for any reason , the Clerk’s statutory fees (including the sale fee, electronic online auction fee, and the registry fees) will not be refunded, as the Clerk is entitled to retain those fees under Florida law. Bidders at foreclosure sale are expressly assuming the risk of forfeiting Clerk fees upon vacation of the sale, as agreed in the bidder user agreement.

The Clerk’s office is not authorized to give legal advice. If you require legal advice, you should obtain it from a licensed attorney. The Clerk’s office assumes no responsibility for any encumbrances on any property offered for sale.

Information for claiming Surplus Funds after a Mortgage Foreclosure Sale

Homeowners and Lienholders:

Surplus funds are defined as money remaining from mortgage foreclosure sale proceeds after all payments required by the Final Judgment have been paid. 

Pursuant to Florida Statute 45.031(1)(a) and (b) :

IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, IF ANY, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN THE DATE THAT THE CLERK REPORTS THE FUNDS AS UNCLAIMED. IF YOU FAIL TO FILE A TIMELY CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH THE CLERK OF THE COURT WITHIN TEN (10) DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT.

The amount of funds, if any, remaining after a Mortgage Foreclosure sale will be detailed on the Certificate of Disbursements, which is mailed to all parties in a case upon the certificate of title being issued.  Please keep your address updated with the Clerk’s office so you will receive this mailing in a timely manner.  The Clerk cannot disburse these funds without a court order.

If you are a subordinate lienholder, you must file your claim no later than the date that the Clerk reports the funds as unclaimed. If you are the homeowner, you may use the suggested form in Florida Statute 45.032 to establish your claim.  For convenience, we have included that form, Owner’s Claim for Mortgage Foreclosure Surplus , on our website.  In addition, to submit your claim to the Court, you should file a General Motion form .

If no claims have been filed for the surplus funds, the Clerk continues to hold the funds in the court registry and follows the procedures outlined in Florida Statute 45.032 . 

Please also be advised that the Clerk is entitled to collect a $15.00 service charge for each disbursement of surplus funds pursuant to F.S. 45.035(1)(b) .

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