What is the name of your state (only U.S. law)? Miami, Florida
I have filed a complaint against someone is small claims in Florida and that person is evading service. So instead of trying to hire an expensive service to get it done I have elected to serve them through publication. I was told by the clerk that I need:
When I called, the clerk did not speak clear English so I could not understand what she was saying and kept having to ask her what she said and she got really frustrated ( I could tell ). So I could not ask her many questions, it was enough getting the list of documents I needed and the address.
Can someone maybe answer these questions?
1. Does the notice of action just have to state case number, all parties names, and details of the case? Or is there something else? I found several examples online, but don't know which to use. I pasted what I have below. Is that good enough?
2. What does my sworn statement need to say? I already filed the complaint. What more swearing do I need to do?
3 What the blizzard is a Affidavit of Diligent Search and Inquiry?
I'd like to get it all done and notarized before Friday so it can be sent asap.
Thanks for any help!What is the name of your state (only U.S. law)?
I have filed a complaint against someone is small claims in Florida and that person is evading service. So instead of trying to hire an expensive service to get it done I have elected to serve them through publication. I was told by the clerk that I need:
- Notarized Notice of Action
- Copy of Complaint
- Affidavit of Diligent Search and Inquiry
- Sworn Statement
- Self Addressed Stamped Envelope
When I called, the clerk did not speak clear English so I could not understand what she was saying and kept having to ask her what she said and she got really frustrated ( I could tell ). So I could not ask her many questions, it was enough getting the list of documents I needed and the address.
Can someone maybe answer these questions?
1. Does the notice of action just have to state case number, all parties names, and details of the case? Or is there something else? I found several examples online, but don't know which to use. I pasted what I have below. Is that good enough?
2. What does my sworn statement need to say? I already filed the complaint. What more swearing do I need to do?
3 What the blizzard is a Affidavit of Diligent Search and Inquiry?
What do I put after that?NOTICE OF ACTION
IN CIVIL COMPLAINT
THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO. XXXX-XXXX-XX-XX
MY NAME
Plaintiff,
v.
THEIR NAME,
Defendant.
NOTICE BY PUBLICATION
TO THEIR NAME:
YOU ARE HEREBY NOTIFIED that on AUGUST 15, 2009, Plaintiff, MY NAME, filed a civil complaint against you in * Local Case #XXXX-XXXX-XX-XX, State Case #XX-XXXX-XX-XXXXXX-XXXX-XX. Wherein Plaintiff seeks $XXXX for claims that the defendant [MY COMPLAINT AS ENTERED IN THE ORIGINAL COMPLAINT].
I'd like to get it all done and notarized before Friday so it can be sent asap.
Thanks for any help!What is the name of your state (only U.S. law)?