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CIVIL/FAMILY FAQS

  • Where would I find information on upcoming foreclosure sales?

    Please refer to the Property Sales webpage for information on foreclosure sales.

  • Where would I file a petition or check on an existing bankruptcy case?

    Petitions for bankruptcy are filed through the U.S. District Court in Tampa. Call 813-301-5165 for more information.

  • How do I file a small claims case?

    Please refer to the Small Claims webpage for information on filing a small claims case.

  • How do I collect on a judgment that was awarded to me?

  • How do I file a restraining order?

    A restraining order may be obtained through the Domestic Violence Unit, located on the third floor of the Justice Center at 2075 Dr. Martin Luther King Junior Boulevard. The telephone number is 239-533-2884.

  • How do I file or obtain the forms for a divorce?

    Visit Circuit Civil’s Family Law section for assistance with dissolution of marriage (divorce). Your Lee County Clerk offers easy to use interactive forms through TurboCourt. TurboCourt makes the task of filling out forms easier to understand and helps you get it right the first time. There is a $10.40 fee to prepare/print forms and $10.00 fee to eFile using TurboCourt. Forms approved by the Supreme Court are available online through the Florida State Courts. If the parties do not agree to the divorce or one of the parties cannot be located, please contact an attorney or Family Court Services at 239-533-2747 for assistance.

    Other types of cases that fall under Family Law include domestic and repeat violence, annulment, name change, adoption, support, alimony, custody and paternity.

  • How do I file or obtain the forms for a tenant eviction?

    Your Lee County Clerk offers easy to use interactive forms through TurboCourt. TurboCourt makes the task of filling out forms easier to understand and helps you get it right the first time. There is a $10.00 fee to use TurboCourt to complete your filing,  or by viewing the Residential Tenant Eviction Checklist.

    Before filing the complaint, a notice must be served to the tenant(s) by posting, by hand delivery or by mail.

    When filing a tenant eviction case, you will need the following:

    • Complaint for Tenant Eviction
    • Copy of Notice
    • Two copies of each of the above for every defendant/tenant being served
    • A stamped addressed envelope for every defendant/tenant being served
    • If pro se, an Affidavit of Ownership/Lessor
    • County Civil fees

    Florida Statute Chapter 83  Landlord and Tenant

  • I am an out-of-state attorney and would like to appear pro hac vice in a civil matter. How do I do this and is there a fee?

    A motion must be filed to obtain an order in the proceeding in which you would like to appear. A $100 service charge payable to the  Lee County Clerk of Court must accompany the motion.

  • What type of case do I have?

    Circuit Civil
    The Circuit Civil Division hears case with damages in excess of $50,000 filed by an individual, business or government agency. The Circuit Civil Division has jurisdiction over a broad category of cases, including tort actions, contract disputes, products liability issues, malpractice matters and infringements of intellectual property.

    Mortgage Foreclosures
    Foreclosure is the enforcement of a mortgage lien by judicial sale of the property. A mortgage lien is created when there is a loan contract for money borrowed under a note. This loan is secured by the mortgage lien upon real property. When the debt is not paid according to the loan contract terms, or when other contract terms are violated, the lender can pursue is lien on the property.

    County Civil
    The County Civil Division hears Landlord Tenant, Small Claims (amounts up to $8,000), and other civil matters like auto negligence, condominium and personal injury protection (amounts of $8,001 up to $50,000) cases.