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Domestic Relations

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1. Can you assist me with the legal aspects of my Domestic Relations case?

We are not attorneys, nor are we licensed to practice law in the State of Florida. We cannot give legal advice or accept fees for legal advice. As Deputy Clerks of the Circuit Court, we may provide you with limited assistance regarding the procedural aspects of filing your case.

2. If I am disabled, and it is necessary for me to appear in court, whom should I contact to accommodate my special needs?

In accordance with the Americans With Disabilities Act, persons with a disability needing special accommodations to participate in a proceeding should contact the Clerk of the Circuit Court, Martin County no later than 7 days prior to the proceeding at:
P.O. Box 9016
Stuart, FL 34995

or call 772-288-5576, or TTY dial 7-1-1.

3. I am ready to file my case in the Domestic Relations Division, but need someone to witness or notarize my signature. Can you do this?

Yes, as Deputy Clerks we may witness your signature at a fee of $3.50 per signature, providing you have proper identification. Be sure to bring your I.D. with you to the Clerk’s Office.

4. I have an order from another state, but would like to have it recognized here in Florida for the purpose of enforcement. Is another state’s order enforceable here?

Florida authorities will only act on an order issued in Florida. Unless you are familiar with the procedure involved in having your order either registered or domesticated in Florida, it is in your best interest to contact an attorney, or, in child support cases, the Department of Revenue 850-488-KIDS (5437).

5. I have a dissolution case that was filed in Martin County and finalized in 1992. Can I get copies from my file?

Absolutely. Copies may be obtained at a cost of $1 per page. Should you require a certified copy, there is an additional $2 per document charge.

6. I would like a copy of my adoption case. Is this possible?

Adoptions and Dependencies are protected cases, and thus are not open for public inspection. If you are an adoptee, with proper identification, you may obtain a copy of your final judgment. With proper identification, your adoptive parents and attorney(s) of record may obtain copies of all documents filed in your adoption file. Biological parents must obtain a court order for access to adoption files.

7. How do I go about setting a court hearing in my Domestic Relations case?

The procedure for setting a court hearing varies, depending upon whether you are represented by an attorney, or you are a "pro se" or self-represented litigant. If you are represented by legal counsel, your attorney will set any necessary court hearings for you by contacting the judge's office. If you represent yourself in a domestic matter, all hearings will be scheduled through the Court's Self Help Coordinator. The procedure for scheduling a pro se hearing is outlined in the legal packets sold in the Domestic Relations Division.

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Driver Improvement Course

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1. Who may make an election to attend driver improvement school?

Any person charged with a moving or non-moving violation, other than violations involving driver licenses, vehicle registration, proof of insurance, serious accidents, or leaving a child under the age of six unattended in a vehicle, is eligible to elect to attend a driver improvement course in lieu of accumulating points on their driver history record.

2. What is the benefit of making an election?

An election to attend a driver improvement course to satisfy the violation will be entered on your driver history record as an "adjudication withheld". In other words, no points will be assessed against your driver's license.

3. Do I have to pay to elect a driver improvement course?

Yes, the civil penalty is required and established by law.

The Martin County Bar Association provides access to Florida Department of Highway Safety and Motor Vehicles (FLHSMV) approved courses through Florida Online Traffic School. You may look under "Driver Instruction" in the Yellow Pages of local phone books. You may access information about Basic Driver Improvement Courses and providers through the Florida Department of Highway Safety and Motor Vehicles.

4. How can I elect to attend a driver improvement course?

• You may come to any of the Clerk's Office locations to make your election, or 
• Fill in Option 3 of the Traffic Citation Guide provided by the officer at the time you were cited for the violation, and upon completion, mail to Clerk of the Circuit Court, 100 SE Ocean Blvd., Stuart, FL 34994, or
• If you did not receive a Traffic Citation Guide at the time of the stop, download the guide and complete Option 3 on this form, and mail to Clerk of the Circuit Court, 100 SE Ocean Blvd., Stuart, FL 34994.

5. What do I do after I have made the election to attend the driver improvement course?

After you have completed and mailed your election to the Clerk, contact an approved school to arrange a schedule for the course. You will need to be prepared to pay for the course at the time you enroll. You must attend and complete the course and provide proof of completion to the Clerk's Office within 60 calendar days of your election. If you fail to meet any one of these requirements, you will be required to pay a civil penalty. In addition, a late fee will be owed, your driver's license will be suspended, a reinstatement fee to reinstate your privilege to drive will be required, and a conviction of the violation will be reported on your driver history record.

6. How many times can I elect to attend a driver improvement course?

You may make an election to attend a driver improvement course to satisfy an eligible traffic violation one time in a 12 month period, but no more than five times in your lifetime. If you elect to attend but fail to satisfy the requirements, the election will still count towards the five allowed.

7. What if I receive a ticket outside of Martin County?

For information on the election requirements and costs involved, contact the traffic department of the Clerk's Office for the County in which you received the citation. For information on the driver improvement course locations, hours and costs, contact an approved school.

8. How can I obtain a list of traffic schools?

• The Martin County Bar Association provides access to Florida Department of Highway Safety and Motor Vehicles (FLHSMV) approved courses through Florida Online Traffic School.
• You may look under "Driver Instruction" in the Yellow Pages of local phone books.
• You may access information about Basic Driver Improvement Courses and providers through the Florida Department of Highway Safety and Motor Vehicles.

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Felony & Misdemeanor

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1. My criminal case is set for court and I am unable to make it on this date; how do I get my case continued?

For Misdemeanor Arraignment court dates you may call the Misdemeanor Division and request a one-time continuance which will be 2 weeks from the date set for Arraignment. Any further continuances will have to be approved by the Judge and the Prosecutor assigned to your case.

For Felony court or any other type of Misdemeanor court, other than Arraignment, a continuance will have to be approved by the Judge and the Prosecutor assigned to your case. You will have to contact the Judge's office and the Prosecutor assigned to your case. The clerk's office is unable to give continuances in these matters. You may contact the Criminal Division to find out which Judge/Prosecutor has been assigned to your case. If you have obtained an attorney or have been granted a Public Defender, you must consult them.

If a defendant fails to appear for a scheduled court date the Judge may issue a capias or bench warrant for the defendant's arrest.

2. I posted a Cash Bond, how and when do I get my money returned?

Upon disposition of the case, all court fines and costs will be deducted from the cash bond and applied to the defendant's fines and a refund (if any) will be returned to the person listed as the depositor on the bond. If you are entitled to a refund, your check will be printed on the Wednesday following disposition of the case and then automatically mailed.

3. I posted a Cash Bond and my address has changed or is incorrect, how do I correct this information?

You may contact the Criminal Division and request a Cash Bond change of address form (photo ID will be required) or obtain this form from our Cash Bond Change of Address form (PDF). Only the depositor listed on the Cash Bond is able to change this information. If you send this by mail, it must be notarized and send a copy of the depositor's Driver's License/Identification Card.

4. Since I received my summons/ticket/arrest, my mailing address has changed or it is incorrect, how do I correct this information?

You may contact the Criminal Division and request a change of address form or print one from the Change of Address Form (PDF).

5. I would like to have information on getting my case sealed or expunged, where would I get this information?

You may get a packet from our office, free of charge, which includes all of the information needed to petition the court (i.e., Fingerprint card for Florida Department of Law Enforcement and application) by calling or coming to our office. Please call 772-221-1338 if you have any questions.

The Seal and Expunge instructions and forms may also be found at the Florida Department of Law Enforcement Website.

6. How do I contact my Probation officer?

State Probation Agency

Felony Charges:
State Probation and Parole
2015 S Kanner Highway
Stuart, FL 34994

Phone: 772-221-4010

Martin County Probation Agency

The Martin County Probation agency is:
C.O.R.E. Probation
905 SE Johnson Avenue
Stuart, FL 34994

Phone: 772-286-7352

Hours of Operation

Monday, Tuesday, Thursday, Friday: 8 am to 5 pm
Wednesday: 8 am to 7 pm
First Saturday of Each Month: 9 am to 2 pm

7. How do I contact the Judge’s office handling my case?

Judges' telephone numbers and addresses can be found by contacting the Criminal Division or by visiting the Martin County Judges page.

8. How do I contact my Public Defender or have a Public Defender appointed to my case?

You will need to fill out a financial affidavit for each case you wish to have the services of the Public Defender. A $50 fee will be required per application/case. You may obtain a financial affidavit from the Criminal Division. You may also call the Public Defender's office.

9. How can I contact the State Attorney’s Office (Prosecutor)?

You may contact the State Attorney's Office by phone.

10. How can I fax information to the Criminal Division?

We can be reached at the Criminal Division Fax Number.

11. How do I clear my D-6 (Driver License) suspension?

You must call the Misdemeanor or Felony Division for further information.

12. I would like to conduct a record search of an individual or request copies from a case, who do I contact and is there a fee?

You may fax, email, or mail a request to our office. A link to our Record Search form is provided for your convenience. Please include the defendant's name, date of birth, case number (if known), charges, and year of offense. If you need copies from a case you will need to specify which documents you are requesting (i.e., arrest affidavit, court disposition, etc.) and if you need them certified by the Clerk's office. Please include your name and contact information on the request and we will contact you with the total amount due for the documents requested. We charge $1 per copy, $2 for certification per document, $1.25 per fax (long-distance) $1 (local), postage/envelope fees, and $1 per page for emailed documents. We also charge a $2 per name/per year search fee if the case number is not provided. Requests can be emailed to Criminal Records, faxed, or mailed to:
P.O. Box 9016
Stuart, FL 34995

Perform a Court Records Search.

13. How do I pay my court fines or court costs?

If you are on Felony (Department of Corrections) Probation, you must contact that agency about the terms of your probation.

If you are on Misdemeanor Probation, court fees, fines and costs are paid through the Martin County Clerk's Office. Please contact C.O.R.E. directly about any other terms of your misdemeanor probation, including paying the costs of supervision.

If you are not on probation, you must contact the Clerk's office or your driving privilege may be suspended pursuant to section 322.245, Fla. Stat.

For Misdemeanor cases please contact the Misdemeanor Division and for Felony cases please contact the Felony Division.

14. What is the difference between a Felony and a Misdemeanor charge?

A Felony is a criminal offense punishable by death or imprisonment in a state penitentiary. A Misdemeanor is a criminal offense that is punishable by fine or imprisonment in a county correctional facility.

Types of Felonies

• A Capital Felony is punishable by death or life imprisonment without the eligibility for parole.
• A Life Felony is punishable by a term of life imprisonment and by a fine not to exceed $10,000.
• A First Degree Felony is punishable by a term of imprisonment not to exceed 30 years and by a fine not to exceed $10,000.
• A Second Degree Felony is punishable by a term of imprisonment not to exceed 15 years and by a fine not to exceed $10,000.
• A Third Degree Felony is punishable by a term of imprisonment not to exceed 5 years and by a fine not to exceed $5,000.

Types of Misdemeanors

• A First Degree Misdemeanor is punishable by a term of imprisonment not to exceed 1 year in the county jail and by a fine not to exceed $1,000.
• A Second Degree Misdemeanor is punishable by a term of imprisonment not to exceed 60 days in the county jail and by a fine not to exceed $500.
• County and Municipal Ordinances are defined as local regulations passed by a county or municipality which are punishable by a fine less than $500 and/or imprisonment in a county jail for less than 60 days.

Criminal Traffic Laws

Criminal Traffic Laws which are defined by the Florida Rules of Court as a violation that may subject the defendant upon conviction to incarceration.

15. What if I am arrested in another county on a Martin County Warrant?

If you are arrested in another county on a Martin County warrant it will take approximately 1 to 6 weeks for the Martin County Criminal Division to receive your arrest paperwork. Once the arrest paperwork is received you will be mailed a Notice to Appear for your court date. You will not attend court in the county you were arrested. If your address has changed, you will need to submit a Change of Address Form (PDF) or contact the Criminal Division to ensure your notice is mailed to the current address.

16. I just received a phone call from Linebarger Goggan Blair & Sampson, LLP (Linebarger) and I don't know who they are or why I would owe money; what do I do?

Linebarger is a collection agency contracted by the Clerk's Office to recover unpaid fines and court costs ordered by the Judge at the time of sentencing.

17. I owe money to Linebarger but I thought I had paid all of my court fines; what do I do?

You may contact the Clerk's Office to find out exactly what monies are owed. If you feel you have already paid these fines, you may print a Collection Dispute Form (PDF) and submit it to the Criminal Division with proof of payment and we will thoroughly research your disputed amount. The collection Dispute Form may be mailed to:
P.O. Box 9016
2nd Floor-Criminal
Stuart, FL 34995

or faxed to the Criminal Division.

Please contact our office if you have questions.

18. I thought if I went to jail and served time I don't have to pay my court fines; why do I still owe fines?

By statute, the Judge imposes fines and court costs at sentencing. Unless you are placed on probation or the fines and costs were waived, you must pay your fines and costs in full the day you are sentenced. You may enter into a payment plan with the Clerk's Office to avoid being sent to collections (a 40% collection fee if prior to December 1, 2015, or 25% if after December 1, 2015, will be added) and/or your driving privilege is suspended for non-payment on a payment plan. Please contact our office if you have questions.

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Guardianship

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1. Are guardianships established for the elderly only?

Guardianships can be established for adults of all ages and are also established for minors in several situations. For example, if a minor has received a settlement greater than $15,000, a guardian of his or her property must be appointed. There are also instances where family members, such as grandparents, are appointed as guardians when the parents of the minor are unwilling or unable to care for the minor child.

2. What steps can I take if I know an individual that is incapable of caring for themselves and needs a guardian?

The first step is to contact an attorney. The Clerk's office may not give legal advice or guidance in completing the various guardianship forms and reports that are required. If you are able and qualified to serve as guardian, you may petition to be appointed guardian, through an attorney. If you do not wish to be appointed guardian, it is possible that a professional guardian may be appointed.

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How to Collect a Judgment

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1. How do I collect a Judgment?

If you win a lawsuit for money, you will get a copy of the Court's judgment stating the amount of money the losing party must pay to you. The losing party is called the judgment debtor, and you, the winner, are called the judgment creditor.

If the judgment debtor does not pay, you are entitled to get the sheriff to seize the judgment debtor's property. The seizing of property by the sheriff is called a levy. Once the sheriff has levied on the property, the sheriff will then sell it, and pay you out of the money the sheriff receives from the sale. The process is called execution. There are a number of steps you must take.

2. What steps do I have to take?

1. Once you get your judgment, you should first obtain a judgment lien by recording a judgment Lien Certificate with the Department of State. This is not always crucial, but it is a very good idea. We will explain below why it is a good idea and how you do it.
2. In order to get the sheriff to levy upon (to seize) the judgment debtor's property, you must first locate the property. The sheriff won't do this for you. Remember that there are many kinds of property the sheriff can seize. Land and buildings are called real property. Movable things, like cars, boats, furniture, and jewelry are called personal property.
   There are some kinds of property the sheriff cannot levy on. The main kind of property the sheriff cannot seize is a person's home. A person's homestead is exempt from execution. The judgment debtor may also select personal property worth up to $1000, and one motor vehicle worth up to $1000, as exempt property. Only people have exemptions. If your judgment is against a corporation or a partnership, the sheriff can seize all of its property. Of course, the sheriff can only levy on property the judgment debtor truly owns - not property owned by somebody else, such as leased property.
3. Once you have located property the sheriff can seize, you take your judgment to the Clerk of the Court that issued the judgment and ask for a document called a Writ of Execution. This tells the sheriff to seize property of the judgment debtor to satisfy your judgment. You then deliver the writ to the sheriff's office in the county in which the property is located. You must also give the sheriff written instructions, called Instructions for Levy. These instructions describe the property, and tell the sheriff where it is located.
   The sheriff will require you to deposit some money to pay the sheriff's fees and costs. You will get your deposit back if the execution is successful.
4. Before the property can be sold, you have to check the Department of State's internet website, to see if there are any judgment liens filed under the name of the Judgment Debtor.
   You must also check online for creditors who have filed UCC security interests in the name of the Judgment Debtor. You must notify all of these people of the time and place of the sale. You then give the sheriff a signed affidavit, on which you provide the information contained in all the judgment lien certificates filed against the Judgment Debtor.
5. Once the notices have been sent, the sale must be properly advertised in a local newspaper. Then, at the designated time and place, the sheriff will sell the property at a public auction. You can bid at the auction if you want to. The highest bidder for cash in hand pays the price to the sheriff and becomes the owner of the property.
6. The sheriff will payout the money received from the sale in this order:
   First, the sheriff pays the sheriffs cost, and if the sale price covers these costs, you will get your deposit back. Second, the sheriff pays you $500 for your costs (whether you spent that much or not). Third, if somebody obtained a Judgment Lien before you did, the sheriff pays that person before paying you. If others have filed before you, the sheriff pays everybody in the order of filing.
   If the sheriff runs out of money before getting to you, you get nothing more. This explains why it is such a good idea to obtain a Judgment Lien as soon as possible. If no judgment liens have ever been filed, the sheriff will pay you first, and anything left over will go back to the judgment debtor. But it's still a good idea to file as soon as possible. If you don't there is always a chance that somebody might file during the execution process and come in ahead of you.
   IMPORTANT: If you previously delivered a writ of execution to a sheriff, you cannot rely on that. You must file a judgment lien certificate before October 1, 2003, in order to hold that place in line.

3. How do I obtain a Judgment Lien on the Debtor's Personal Property?

You can obtain a judgment lien on all of the judgment debtor's personal property located anywhere in the state by filing a Judgment Lien Certificate with the Department of State. To get the proper form, visit the Department of State's website, where you can either download the form or request to have it mailed to you. Once you have filled out the form, you can either file it and pay the filing fee electronically, or mail it to the Department with the filing fee.

CAUTION: These liens don't last forever. They lapse, meaning they disappear, after 5 years. If there are liens ahead of you, you will move toward the front of the line as they lapse. But your lien will eventually lapse, too. So don't be lazy waiting for somebody else to levy on the debtor's property for you. After 5 years, you can file again and get another judgment lien, but if others have filed after your first filing, you will go to the end of the line.

4. How do I obtain a Judgment Lien on the Debtor's Real Property?

You can obtain a judgment lien on the judgment debtor's real property by recording a certified copy of your judgment in the real estate record of the county in which the property is located. Such liens are not recorded with the Department of State. These liens last for ten years and they can be continued for another ten.

You can download forms at the Department of State's website, or call the Department of State, Division of Corporations, Judgment Liens Section, at 850-245-6039.

5. How do I obtain a Writ of Garnishment on the Debtor?

You may obtain a Writ of Garnishment on the debtor by filing the necessary paperwork with the Clerk of Courts. You will need to obtain the paperwork by consulting with an attorney or you will have to research Florida Statutes and create your own paperwork. The Clerk's office does not provide them and can not assist you.

6. When the Judgment is Satisfied

When the debtor satisfies the Judgment, a Satisfaction of Judgment must be prepared by the creditor and delivered to the debtor. In order for the Judgment to show as satisfied, it must be recorded in Official Records.

If you need additional information please contact us at:

County Court - Summary Claims Division
Clerk of the Circuit Court - Martin County, Florida
100 E Ocean Blvd., Constitutional Office Building
P.O. Box 9016
Stuart, FL 34995-9016

Phone: (772)288-5979

7. Where can I view Small Claims Forms?

To view sample Small Claims forms, visit the forms section on our website.

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Jury Duty

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1. Where do I report for jury duty and where do I park?

You need to report to the Martin County Courthouse Complex located at:
100 SE Ocean Boulevard
Stuart, FL 34994

The Jury Administration and Assembly Room is located on the 1st Floor of the Constitutional Building. Parking is available in the lot on SW Flagler Avenue, on the west side of the Courthouse. Limited street parking is also available along SE Ocean Boulevard.

2. What is the attire? What should I wear when I show up for Jury Duty?

Please dress in keeping with the importance and dignity of your position as a juror. Business or Business casual attire is appropriate and preferred. The following should not be worn in the courtroom: Shorts, hats, halter tops, tank tops.

3. What type of personal items are permitted?

You will pass through a security checkpoint as you enter the Martin County Courthouse Complex. Weapons are prohibited. Cell phones, laptops, and tablets are allowed in the Jury Assembly Room. If you are chosen to serve on a jury, electronic devices may be removed, as directed by a judge. Newspapers are not allowed in the Jury Room.

4. How long is the Jury term? How long will I need to be available and serve on a Jury if I'm selected?

Jury Service is subject to the needs of the Court. Please come to Jury Service prepared to serve a minimum of one to two days. Service can vary depending on the type of case and days served may not be consecutive.

5. What if I am individual with a disability and require special assistance?

In accordance with the Americans with Disabilities Act (ADA), if you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the following at least seven days before your scheduled court appearance, or immediately upon receiving this notification:
Court Administration
250 NW Country Club Drive, Suite 217
Port St. Lucie, FL 34986

Phone Number: 772-807-4370

or dial 711 if you are hearing impaired

6. What if I will be unavailable to serve on the reporting date listed on my summons?

Upon request, your Jury service may be postponed for up to 6 months. To request a continuance, visit our Postponements & Excusals page, or, contact the Jury Clerk at (772) 288-5568.

7. What if I am unable to participate in Jury Duty?

Excusal (Optional Excuse)

According to Section 40.013, Florida Statutes, you may be exempt from jury service for any of the reasons listed below. Any request to be exempt must be submitted SEVEN WORKING DAYS before your reporting date. Visit our Postponements & Excusals page to submit a request online

or mail your completed and signed Jury Summons Form to:
Clerk of the Circuit Court and Comptroller
Attn: Jury Service
P.O. Box 9016
Stuart, FL 34995

or fax to 772-419-4117

or email to Jury

Requests for excusal may be subject to judicial review and approval. It is your responsibility to confirm that your request has been received, reviewed and granted, or denied.

Only the following reasons below are acceptable requests for excusal:

• 70 years of age or older.
• Expectant Mother
• Parent who is not employed full-time and has the care and custody of a child under 6 years of age.
• You are a full-time student, between 18 and 21 years of age, inclusive, who is attending high school or any state university, private postsecondary educational institution, Florida College System institution, or career center.
• Full-time federal, state, or local law enforcement officer.
• Active Military
• Reported as a prospective juror in Martin County within one year from the date you are currently summoned. (Call 772-288-5568 for confirmation).
• Physically unable to serve (Current doctor's certificate must be provided for verification.)
• Sole unpaid caregiver of a person who is incapable of caring for himself/herself because of a physical and/or mental illness (Current doctor's certificate must be provided for verification.)

Disqualification (Automatic Excuse)

If any of what is listed below applies to you, you will be automatically excused from service and will not receive confirmation of this excusal from the Clerk of the Circuit Court. Any request to be disqualified must be submitted in writing using your Jury Summons Form or online at the Postponements & Excusals page, SEVEN WORKING DAYS before your reporting date. Mail to:
Clerk of the Circuit Court and Comptroller
Attn: Jury Service
P.O. Box 9016
Stuart, FL 34995

or fax to 772-419-4117

or email to Jury

• Not a United States Citizen
• No longer reside in Martin County.
• Convicted felon whose full civil rights have not been restored.
• Currently under prosecution for a crime.

8. What if I simply don't want to participate in Jury Duty?

You were randomly selected for Jury Service from the Florida Highway Safety and Motor Vehicles list of licensed drivers and ID holders. The right to a trial by jury is a fundamental American principle guaranteed by the Constitution. It is the duty of every citizen to serve when called upon to do so. "Failure to appear" may render you liable to arrest and a fine of up to $100 for contempt of court. (§40.23, F.S.). Receipt of this summons by any person residing in your household is service upon you.

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Juvenile

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1. What is a Delinquent Act?

A "child who has been found to have committed a delinquent act" means a child who, pursuant to the provisions of Chapter 985, Florida Statutes, is found by a court to have committed a violation of the law or to be in direct or indirect contempt of court.

2. I have moved. What do I need to do?

It is the Juveniles'/Parents' responsibility to keep the Clerk's Office informed of their correct address.

Please call 772-223-7914 for further information.

3. Where do I make restitution payments?

Restitution payments are made through the Juvenile Division located in the Clerk of Circuit court. A check is then forwarded to the victim. A $3.50 Clerk fee is charged for each restitution payment. The court fees are also collected by the Juvenile Division. Payments are accepted through the mail or in person. Checks or money orders should have your name and complete case number. Payments may also be made over the telephone using a major credit card. The credit card company will charge a service fee.

4. How do I change my court date?

In order to reschedule your court date, you must contact your attorney. The Clerk's Office is not authorized to reschedule your court date.

5. I am having trouble understanding what all of these juvenile justice terms mean? Is there a glossary I can refer to?

Yes, there is. View a Glossary of Juvenile Justice Terms.

6. Where do I find out what to expect during the juvenile justice process?

Obtain information on what to expect during the juvenile justice process.

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Official Records

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1. What is the mailing address?

Clerk of the Circuit Court and Comptroller
Attn: Recording
P.O. Box 9016
Stuart, FL 34995

2. How do I calculate recording fees?

The recording fee for any document up to 8 1/2 by 14 inches in size is $10 for the first page and $8.50 for each additional page of the same document. If there are more than four names on the document, each additional name costs $1. The name count for indexing fees includes names or entities that are an aka, fka, dba, power of attorney, attorney in fact, trustee, etc. Original documents will be returned after recording. Please include a self-addressed stamped return envelope or sufficient funds to cover the cost of returning the documents. Normal delivery for returned documents is via First Class Mail.

3. What is the current rate for documentary stamps and/or intangible tax?

Certain documents require State documentary stamp tax. Documents transferring an ownership interest in land (Deed, Agreement/Contract for Deed, Proprietary Lease, etc.) require state documentary stamp tax at a rate of $0.70 per hundred dollars, or fraction thereof, based on the consideration for the transfer. Documents that encumber real property for a sum of money exchanged or owed (Mortgage, Agreement/Contract for Deed, Modification of Mortgage, etc.) require state documentary stamp tax at a rate of $0.35 per hundred dollars, or fraction thereof, and Intangible tax at a rate of $0.20 per hundred dollars based on the amount borrowed.

4. How do I change the name on my deed?

To change the name on a deed, you must record a new deed with Official Records to replace the deed currently on file. You can obtain a blank deed form from an office supply store. The staff in the Recording Department cannot assist you with filling out the form, as it is a legal document.

If you are uncomfortable preparing the deed yourself, we suggest you consult an attorney or title company.

5. What are the recording requirements for deeds?

The requirements for recording instruments affecting real property are found in Florida Statutes Chapter 695.26.

• The name of each person who executed the document must be legibly printed, typed, or stamped beneath the signature.
• The name and address of the person who prepared the document must be legibly printed, typed, or stamped on the document.
• Two witnesses to the grantors signature are required and the witness names must be legibly printed, typed, or stamped beneath their signatures.
• The document must be notarized. The name of the notary public, or other officer authorized to take acknowledgments, whose signature appears on the document must be legibly printed, typed, or stamped beneath the signature.
• A 3-inch by 3-inch space at the top right-hand corner on the first page is reserved for use by the clerk of court.
• The name and mailing address for each grantee must be legibly printed, typed, or stamped on the document.

6. What are the general recording requirements for other documents?

• Documents should be original and notarized with a full notary acknowledgment.
• Documents affecting real property (Deed, Mortgage, Notice of Commencement, etc.) must have the legal description of the property. Documents referencing a previously recorded document (Satisfaction, Release, Assignment, Modification, etc.) must include the Official Record Book and Page number of the original document.
• Please provide a self-addressed stamped envelope so we can return the document to you after it is recorded.
• Please make checks payable to the Clerk of Circuit Court and Comptroller.

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Probate

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1. What is Probate?

Probate is a legal process through which the assets of a deceased person are properly distributed to the heirs or beneficiaries under a will. The Court oversees the estate to make sure debts are paid and proper distribution is made.

2. What is a will? When and where should it be filed?

A will is a document executed by a person which disposes of his/her property after his/her death. It generally names a personal representative to administer the estate. In Martin County, after the death of the person, the custodian of the will must deposit the will with the Clerk of the Circuit Court, within ten days after receiving information that the person is deceased.

3. Do you need an attorney to file a will?

No. It is not necessary to have an attorney to file the will with the Clerk of the Circuit Court. However, you may want to consult with an attorney before filing so that he or she may determine whether probate proceedings will be necessary.

4. What happens if a person dies and has left no will?

The state will distribute the property in accordance with Florida law.

5. What happens if there is a will filed but no personal representative has been named?

It may be necessary for an attorney to petition the Court to appoint a personal representative to administer the estate.

6. How are probate proceedings initiated?

Probate proceedings are initiated with the filing of a Petition by the person asking to be appointed a personal representative. The petition is normally prepared by an attorney. The appointed person will be responsible for the estate until all bills are paid and the balance of the estate is distributed to the rightful beneficiaries.

7. Are there different types of proceedings that can be filed depending upon the size of the estate?

There are three basic types of proceedings for administering the decedent's estate.

Formal Administration

This type of proceeding is used when there are considerable assets and it is necessary to appoint a representative to act on behalf of the estate. The capacity in which the representative will act is determined by the Court at the time of appointment. Letters of administration will be issued to the representative so that he/she may complete the administration of the estate.

Summary Administration

Summary administration may be administered when the value of the entire estate subject to administration does not exceed $75,000.

Disposition of Personal Property Without Administration

The disposition is filed to request the release of the assets of the deceased, to the person who paid the final expenses, such as funeral bills, medical bills for the last 60 days, et cetera. This procedure may be accomplished with the filing of a formal petition. The forms required to file the disposition are available from the Clerk of the Circuit Court in the Probate Court Records Division.

Refer to the current Schedule of Service Charges, available in any Clerk's Office, for the current filing fee.

8. What type of paperwork must accompany the form for filing a disposition for personal property without administration?

The following must be provided:

• If the decedent has a will, it must be filed with the Clerk of the Circuit Court within ten days of the notice of death.
• An itemized, paid funeral bill.
• Paid receipts for any medical expenses incurred 60 days prior to death.
• Certified Death certificate.
• A statement regarding the type of asset to be released.
• Identification of the person filing.
• Any necessary waivers and consents (This would be a document stating that any and all other brothers or sisters did not assist in paying the bills or if they did they waive their right to any monies recovered.)
• Filing fee as set by Florida Statute.

9. What happens after this information is filed with the Clerk?

The Court will enter an Order whether allowing or disallowing the release of the assets. The original Order is then turned over to the petitioner.

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Recording

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1. What is the mailing address for the Recording Office?

The mailing address for the Recording Office is:
Clerk of the Circuit Court and Comptroller
P.O. Box 9016
Attn: Recording
Stuart, FL 34995

2. How do I calculate recording fees?

The recording fee for any document up to 8 1/2 by 14 inches in size is $10 for the first page and $8.50 for each additional page of the same document (excluding Lis Pendens, for which the recording fees are $5 for the first page and $4 for each subsequent page of the same document). If there are more than four names on the document, each additional name costs $1. The name count for indexing fees includes names or entities that are an aka, fka, dba, power of attorney, attorney in fact, trustee, etc. Original documents will be returned after recording. Please include a self-addressed stamped return envelope or sufficient funds to cover the cost of returning the documents. Normal delivery for returned documents is via First Class Mail.

3. What is the current rate for documentary stamps and/or intangible tax?

Certain documents require State documentary stamp tax. Documents transferring an ownership interest in land (Deed, Agreement/Contract for Deed, Proprietary Lease, etc.) require state documentary stamp tax at a rate of $0.70 per hundred dollars, or fraction thereof, based on the consideration for the transfer. Documents that encumber real property for a sum of money exchanged or owed (Mortgage, Agreement/Contract for Deed, Modification of Mortgage, etc.) require state documentary stamp tax at a rate of $0.35 per hundred dollars, or fraction thereof, and Intangible tax at a rate of $0.20 per hundred dollars based on the amount borrowed.

4. How do I change the name on my deed?

To change the name on a deed, you must record a new deed with Official Records to replace the deed currently on file. You can obtain a blank deed form from an office supply store. The staff in the Recording Department cannot assist you with filling out the form, as it is a legal document.

If you are uncomfortable preparing the deed yourself, we suggest you consult an attorney or title company.

5. What are the recording requirements for deeds?

The requirements for recording instruments affecting real property are found in Florida Statutes Chapter 695.26.

• The name of each person who executed the document must be legibly printed, typed, or stamped beneath the signature.
• The name and address of the person who prepared the document must be legibly printed, typed, or stamped on the document.
• Two witnesses to the grantors signature are required and the witness names must be legibly printed, typed, or stamped beneath their signatures.
• The document must be notarized. The name of the notary public, or other officer authorized to take acknowledgments, whose signature appears on the document must be legibly printed, typed, or stamped beneath the signature.
• A 3 by 3-inch space at the top right-hand corner on the first page is reserved for use by the clerk of court.
• The name and mailing address for each grantee must be legibly printed, typed, or stamped on the document.

6. What are the general recording requirements for other documents?

The general recording requirements for other documents are:

• Documents should be original and notarized with a full notary acknowledgment.
• Documents affecting real property (Deed, Mortgage, Notice of Commencement, etc.) must have the legal description of the property. Documents referencing a previously recorded document (Satisfaction, Release, Assignment, Modification, etc.) must include the Official Record Book and Page number of the original document.
• Please provide a self-addressed stamped envelope so we can return the document to you after it is recorded.
• Please make checks payable to: Clerk of Circuit Court and Comptroller

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Small Claims

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1. What is a Small Claims Case?

A Small Claims case is a legal action filed in County court to settle minor legal disputes among parties where the dollar amount involved is $8,000 or less, excluding costs, interest and attorney fees.

2. Do I need a lawyer?

No, it is not necessary to have a lawyer. Small Claims court is considered a "people's court" and a lawyer is not required. Clerk's office personnel will provide you, for a fee, the necessary forms for filing a Small Claims Case.

3. Where can I file my small claims case?

A Small Claims case may be filed with the:
Clerk of the Circuit Court Main Office
100 SE Ocean Boulevard
Constitutional Office Building, 2nd floor
Stuart, FL 34994

4. Who can file a Small Claims Case?

Any person(s) 18 years of age or older or any individual(s) doing business as a company may file a Small Claims case. A parent or guardian may file on behalf of a minor child. Each person who is a party to the claim must appear at the Clerk's Office to sign the necessary paperwork in the presence of a deputy clerk or the signatures must be notarized.

5. What does it cost to file a Small Claims Case?

Filing fees for small claims actions are determined by Florida Statues and Martin County Ordinances and are subject to change. Fees also vary in accordance with the dollar amount of your claim and the type of action. Other fees are required for service on the parties you are suing and are dependent on the type of service you select. A current schedule of Service Charges is available on this site for your information.

6. What information do I need to file a Small Claims Case?

It is important that you file your claim against the right party. The additional time you spend researching the correct name could make a difference in whether you are able to collect should a Judgment be entered by the court in your favor. Copies of any contracts, notes, leases, receipts, or other evidence you may have in support of your claim must be furnished for each person you are suing as well as the court. You will need to bring the originals to your first court appearance. A full explanation of your reason for the Small Claims action will be necessary. You may wish to write this explanation out at home and bring it with you when you come to the clerk's office to initiate your Small Claims case.

7. Are there any other requirements?

Any time you sue someone other than an individual, there is additional information needed to complete the necessary forms. For example, if you are suing an individual doing business as a company, a partnership where there are several people doing business as a company? It is important for you to research this information carefully. Assistance in determining if the person you are suing is a company, corporation, an individual doing business as a company or partnership may be obtained by calling the Clerk of the Circuit Court, Official Records (in the county where the business is located) or the Secretary of State, Corporate Division at 850-488-9000 or visit Sunbiz. If you determine that the company you are suing is not a registered corporation, contact the occupational license bureau of the county where the business is located.

8. Is there other information I need to know?

The information contained in this website is intended only as a guide to assist you with the basic facts of filing a Small Claims case. Detailed information may be found in "Everybody's Guide to Small Claims Court", available in the law library. The public library will also have a copy for your reference.

9. What happens after I file my Small Claims case?

After you file your Small Claims case, each person or business you are suing must be served with a summons to appear in court on the date and time scheduled when you filed your claim. This court date will be a pre-trial conference where mediation will be held. If the case cannot be mediated you will receive a trial date. 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.

10. Is mediation an option?

Yes, mediation allows both parties to freely present their case in the quiet relaxed atmosphere of a conference room under the expert guidance of an experienced mediator who will strive to guide a settlement of the issues that will be beneficial to both parties. It will save time and money. Successful mediation means no further court appearances, therefore, no further toll of time from normal activities for you.

11. What happens to my case if a settlement is reached?

If at any time in the proceedings a settlement is reached between the parties, the plaintiff (person(s) who filed the suit) must notify the Clerk of the Court's Office, in writing, of the settlement - and all signatures must be notarized.

12. How can I collect my judgment?

The court does not collect money damages for you. You may wish to consult with an attorney for advice on how to collect your judgment. You may find the book "Lawyers Edition of Florida Summary Claims Handbook" helpful. Also, visit Sunbiz for more information on how to collect your judgment.

13. Can I file a lien against the defendant's property?

If you choose to place a Judgment Lien against any individually owned real property of the defendant's following the award of a Judgment in your favor, you must obtain a certified copy of your Judgment from the Clerk of the Circuit Court and record it as a Judgment Lien. Fees for recording are set by statute and are subject to change by legislative action. Contact the Clerk of the Court in the county where the property is located for their current fees for recording a certified copy of a Judgment.

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Special Services

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1. Where do you go to file a petition for injunction?

You may file a petition with the Clerk of Court in the county where the Petitioner or Respondent resides, or in the County where the acts of violence occurred. To file in Martin County, bring either a completed, notarized petition or signed, photo ID to:
100 E Ocean Boulevard
Stuart, FL 34994

2. What are the fees to file a petition for injunction?

There are no fees to file for an injunction.

3. What happens after a petition for injunction is filed?

The Clerk's Office will forward the file to a judge. The Judge will review the Petition, along with all the attachments, and render a decision. The Petitioner must contact the Clerk's Office to be advised of the decision of the judge. If a Temporary Injunction is granted, the Court will schedule a hearing within 15 days from the date the Petition was filed. The Respondent will be served by the Sheriff's Office with a copy of the Temporary Injunction and with a copy of all documents submitted by the Petitioner. The Petitioner must return to the Clerk's Office to pick up his/her copies.

4. What if the Judge denies my request for an injunction?

If you have additional information you would like the Judge to consider, you may file a Supplemental Petition within 7 days of filing your original petition.

5. Who needs to go to the hearing?

Both parties need to appear at the hearing. An attorney is recommended, yet is not required.

6. What happens in court?

The hearing for an injunction will give both parties the opportunity to present their sides of the facts and/or evidence. The Judge has several options when making a decision in court. A Permanent Injunction may be entered, the case may be dismissed, or the case may be continued to another date.

7. How can an injunction be modified or dissolved?

An injunction can be modified or dismissed by completing a Motion to Modify or a Motion to Dissolve an Injunction. A hearing will be set for both parties to go before the Judge.

8. What if an injunction is going to expire and I want to keep it in effect?

A Motion to Extend an Injunction would need to be filed with the Clerk of Court and a hearing would be set for both parties to go before a Judge. The Motion should be submitted at least one month prior to the expiration of the injunction in order to have enough time to set a hearing date.

9. What if a person violates an injunction order?

If a Respondent violates an injunction, the Petitioner should call the Sheriff's Office. The Respondent may be arrested. If the Sheriff's office is unable to arrest the Respondent, the Petitioner can complete an Affidavit of Violation and submit it to the Clerk of Court. The Clerk will forward the information to the Sheriff's office for investigation. If charges are filed, the State Attorney may prosecute. This process could take up to 30 days.

10. Where do you go to file a petition for a Baker or Marchman Act?

You may file a petition with the Clerk of Court in the county where the Respondent is currently located. To file in Martin County, bring either a completed, notarized petition or your unsigned petition with photo ID to the Special Services Division located on the first floor, at:
100 E Ocean Boulevard
Stuart, FL 34994

11. What are the fees to file a petition for a Baker or Marchman Act?

There are no fees to file for filing these petitions.

12. What happens after a petition is filed?

Once the petition is completed and is filed with the Clerk's Office. The Clerk's Office will forward the file to a judge. The Judge will review the petition to determine if the criteria has been met to order the respondent into involuntary examination or assessment. The petitioner must contact the Clerk's Office to be advised of the decision of the judge.

13. What happens if the Judge signs an order for Involuntary Examination or Involuntary Assessment and Stabilization?

The Clerk's Office delivers the paperwork to the Martin County Sheriff's Office to be served on the respondent and deliver the respondent to the appropriate facility. The facility has up to 3 days to complete an evaluation on the respondent for the Baker Act and up to 5 days to complete an evaluation for a Marchman Act.

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Traffic

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1. I received a citation, what do I do?

You have 30 days from the date the citation is issued to satisfy your citation.

Download the Traffic Citation Guide (PDF).

2. How much is my fine?

Please view our schedule of fees and fines.

3. What if I get a citation for faulty equipment?

You are responsible for the citation, regardless of who owns the vehicle. You have two options:

1. Within 30 days of receiving the citation, repair the faulty equipment and have an officer sign the back of the citation, certifying the problem has been corrected, and pay a fine of $93 to the Clerk.
2. Do not repair the faulty equipment and pay a fine of $113, within 30 days of receiving the citation.

4. What if I get a citation for no proof of insurance or registration?

If you submit proof that the insurance or registration was valid at the time the citation was issued, you only pay $10. If you provide proof that is valid after the citation was issued, the full fine amount is due.

5. What are my payment options?

• Online: nCourt
• By Phone: Call 772-288-5542, Visa, MasterCard, Discover, and American Express accepted.
• By Mail: Money Order, Personal Check, and Cashier's Check accepted. Mail payment to:
  Clerk of the Circuit Court
  Traffic Violations Bureau
  P.O. Box 9016
  Stuart, FL 34995
• In Person: At any one of the following locations listed:
  • Martin County Courthouse
    Traffic Division
    100 E Ocean Boulevard
    Stuart, FL 34994
    Monday through Friday
    8 am to 5 pm
  • Hobe Sound Branch Office
    Island Crossing Shopping Plaza
    11730 SE Federal Highway
    Hobe Sound, FL 33455  
    Monday through Friday
    8 am to Noon
    1 to 4:30 pm
  • Indiantown Branch Office
    Martin County Government Complex
    16550 SW Warfield Boulevard
    Indiantown, FL 34956
    Wednesdays Only
    8 am to 1 pm
    2 to 4:30 pm

6. Can I get an extension for paying the citation?

Yes, you may elect our payment plan option. This may be done in person or by mail. You must pay a $25 fee to initiate the payment plan. This fee will not go towards your fine. For information regarding a payment plan please contact the Compliance Department at 772-221-2306.

7. Where can I find a traffic school (Driver Improvement Course)?

You can visit the Florida Highway Safety and Motor Vehicles website or look in your local phone book.

Please be sure to follow the instructions on the School Election Affidavit (PDF).

A CDL (commercial driver's license) holder may not elect school on any citation.

8. Can I elect to attend Traffic School for a child restraint violation?

No, but you may elect to attend a Child Restraint Course. In order to be eligible to attend a Child Restraint Course you must not have elected Traffic School and/or a Child Restraint Course within the past twelve months, or five times in one person's lifetime.

Please be sure to follow the instructions on the School Election Affidavit (PDF).

9. How can I find out how many points are on my driver’s license?

You can obtain a 3-year history printout from this office for a fee of $14.25. You can also obtain a complete history printout for $16.25.

10. Can I request a court date for my traffic ticket?

Yes, complete and return the Not Guilty Plea form (PDF). You will only receive a Court Date for the citations listed on your Not Guilty Plea form. You or your attorney must be present on the court date. If you are sentenced by the court, you will be expected to pay fines on the day of court.

11. Can I request a court date and not appear in court?

Yes, you must request your court date by filling out the Not Guilty Plea form (PDF). Next, you must complete an Affidavit of Defense form (PDF) and post a bond with the clerk. To find out the bond amount contact the Clerk at 772-288-5542. The affidavit will be reviewed by the court.

12. Can I appeal the Judge’s ruling on a traffic citation?

Yes, a Notice of Appeal must be filed with the Clerk within 30 days of the Judge's decision.

• A Filing fee of $281 is due at the time the Notice of Appeal is filed.
• Statutory clerk fees for preparing the record of appeal will be invoiced to the parties in accordance with the Florida Rules of Appellate Procedure.
• You MUST pay the fine imposed by the Judge. Should the decision of the Judge be overturned, the court will determine if any monies are returned to you.

Law Library

The Law Library is available for legal research and is located in the Blake Library in Stuart. For further information call 772-221-1427.

Martin County Law Library Resources

Law Library
Inside the Blake Library
2351 SE Monterey Road
Stuart, FL 34996

Phone: 772-221-1427

Monday through Thursday
Noon to 4:30 pm