Florida Statutes Title VI Chapter 76 - Attachment

• 76.01 - Right To Attachment.
  Any creditor may have an attachment at law against the goods and chattels, lands, and tenements of his or her debtor under the circumstances and...
• 76.02 - Attachment Of Corporate Stock.
  Shares of stock in any corporation incorporated by the laws of this state are subject to attachment under the circumstances hereinafter provided and in the...
• 76.03 - Courts From Which Attachments Shall Issue.
  Attachments shall be issued by a judge of the court which has jurisdiction of the amount claimed by the creditor, but if the property to...
• 76.04 - Grounds When Debt Due.
  The creditor may have an attachment on a debt actually due to the creditor by his or her debtor, when the debtor:(1) Will fraudulently part with...
• 76.05 - Grounds When Debt Not Due.
  Any creditor may have an attachment on a debt not due, when the debtor:(1) Is actually removing the property out of the state.(2) Is fraudulently disposing of...
• 76.06 - Effect Of Attachment Upon Unmatured Debt.
  In attachments for debts not due, under s. 76.05, the existence of one or more of the special grounds assigned, and in case of attachment...
• 76.07 - Attachment In Aid Of Foreclosure.
  Any creditor who is commencing or has commenced an action to foreclose a mortgage on personal property may have an attachment against the property, when...
• 76.08 - Procurement Of Attachment; Generally.
  Upon motion by plaintiff, a writ of attachment may issue when the grounds relied on for the issuance of the writ clearly appear from specific...
• 76.09 - Motion When Debt Due.
  When the debt is actually due, the motion shall state the amount of the debt that is actually due, and that movant has reason to...
• 76.10 - Motion When Debt Not Due.
  When the debt is not actually due, the motion shall state the amount of the debt or demand; that it is actually an existing debt;...
• 76.11 - Motion For Attachment In Aid Of Foreclosure.
  In attachments in aid of foreclosure of mortgages on personal property the motion shall describe the property on which the mortgage exists, and state that...
• 76.12 - Attachment Bond.
  No attachment shall issue until the person applying for it, the person’s agent or attorney, makes a bond with surety to be approved by the...
• 76.13 - Writ; Form.
  (1) GENERALLY.—The writ of attachment shall command the sheriff to attach and take into custody so much of the lands, tenements, goods, and chattels of the...
• 76.14 - Writ; Effect Of Levy.
  The levy of a writ of attachment does not operate to dispossess the tenant of any lands or tenements, but a levy on real or...
• 76.151 - Writ; Execution On Property Changing Possession.
  If the property to be attached is in the possession of the defendant at the time of the issuance of the writ but passes into...
• 76.16 - Writ; Levy In Other Counties.
  (1) When plaintiff states in a motion for attachment that defendant has real or personal property in some county other than the one in which the...
• 76.17 - Writ; Levy Upon Property Removed From County Pending Levy.
  When personal property of the defendant is located in any county at the time an action is commenced in which an attachment issues but is...
• 76.18 - Return Of Property Upon Forthcoming Bond.
  At any time after execution of the writ, property attached may be restored to defendant or some other person for him or her on defendant...
• 76.19 - Return Of Property Upon Bond To Pay Debt.
  Property attached may be restored to defendant (or in case of foreclosure of mortgage, to any person who makes affidavit that he or she is...
• 76.20 - Replevy Of Property Taken By Attachment.
  If property taken under a writ of attachment is not subject to attachment, it may be replevied by defendant.History.—s. 4, Feb. 14, 1835; RS 1654;...
• 76.21 - Claims Of Third Parties To Attached Property.
  If any attachment is levied on property claimed by any person other than defendant, such person may replevy it or interpose a claim in the...
• 76.22 - Custody Of Attached Property; Sale Of Perishables.
  All personal property levied on by attachment, shall remain in custody of the officer who attached it until disposed of according to law unless it...
• 76.24 - Dissolution Of Attachment.
  (1) The defendant by motion may obtain the dissolution of a writ of attachment unless the plaintiff proves the grounds upon which the writ was issued...
• 76.25 - Effect Of Dissolution.
  (1) ON THE ACTION.—When an attachment is dissolved, the attachment only shall be dissolved, and plaintiff may prosecute the action to final judgment.(2) ON WRITS OF GARNISHMENT.—When...
• 76.251 - When Writ Returnable.
  A writ of attachment is returnable when fully executed or when the officer is convinced that no property can be found. If property is seized...
• 76.31 - Judgments.
  If a default is entered for plaintiff and defendant has retaken the property on a forthcoming bond, final judgment shall be entered at the same...
• 76.32 - Attachment Of Vessels.
  (1) WHEN APPLICABLE.—In all actions by any person, firm, corporation or association of persons, including the state and any governmental subdivision, agency or department of the...

Last modified: September 23, 2016