Civil Court Frequently Asked Questions
Can I get a divorce without an attorney?
The Clerk’s Office has packets that contain forms for various types of legal proceedings including dissolution of marriage. However, the Clerk’s Office personnel are not legally trained and cannot give legal advice, nor assist the public in filling out any forms or explaining which forms they need. When a person files a dissolution of marriage without an attorney, they are representing themselves. An alternative is to contact one of the many “self-help” legal clinics which will assist with the preparation of your paperwork.
How do I get a protective injunction against domestic violence?
Individuals seeking a protective injunction against domestic violence may go to the Clerk’s office or Quigley House office located in the Courthouse, to determine if an injunction is needed. Once the paperwork is completed, a deputy clerk will process the paperwork and forward it to the Judge for review. It is necessary for the petitioner (person applying for the injunction) to receive two (2) certified copies of the executed injunction to keep in his/her possession at all times as proof for enforcement. Also, the petitioner must appear at a hearing set by the court within 15 days to determine whether or not the injunction should be extended. If the petitioner does not appear at said hearing, the injunction will be dismissed.
How do I bid on a foreclosure sale?
Periodically, public sales are held at the front door of the courthouse in foreclosure proceedings. The procedure for bidding on a foreclosure property requires all bidders to show proof of their 5% deposit prior to the start of the sale. At the end of the foreclosure sale, the highest bidder (other than the plaintiff) must deposit 5% of the bid amount either by cash or cashier’s check. That person then has two (2) hours to pay the balance of the bid via cash or cashier’s check. Once payment is received, a Certificate of Sale is issued and a copy is given the highest bidder. Ten (10) days after the sale and subject to no objections to the sale, the Certificate of Title will be issued. A Certificate of Title does not constitute a property free and clear of any liens. The buyer assumes any liens that are attached to the property and is responsible for them. Therefore, it is advisable that a title search be done on said property before bidding, so that the potential buyer is aware of any outstanding liens.
What can I do when a family member has a drug or alcohol problem?
Prepare a written statement of the circumstances and submit it to the Clerk’s Office. If certain criteria are met, the Court can request an appearance before the Judge. The Judge will schedule an evaluation with Clay County Behavioral Health Center, who in turn will submit a recommendation to the court. The Judge will make his ruling based on said recommendation.
What can I do when a family member has a mental condition which could cause serious harm to his/herself or others?
Prepare a written statement of the circumstances and submit it to the Clerk’s Office. If certain criteria are met, the Judge can issue an emergency pick-up order to have said person transported to Orange Park Medical Center for observation and treatment for up to 72 hours. Extended treatment would have to be petitioned and ordered through the Judge.
- Can I get a divorce without an attorney?
- How do I get a protective injunction against domestic violence?
- How do I bid on a foreclosure sale?
- What can I do when a family member has a drug or alcohol problem?
- What can I do when a family member has a mental condition which could cause serious harm to his/herself or others?