Fla. Stat. § 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 in the manner hereinafter provided.
Florida Statutes Chapter 76 — ATTACHMENT
Florida · statute · Fla. Stat. ch. 76 · 27 active provisions
Fla. Stat. § 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 manner prescribed for levy of execution thereon.
Fla. Stat. § 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 be attached is being actually removed from the state and the creditor is unable to obtain process from the proper court in time to prevent such removal, any judge may issue the writ,…
Fla. Stat. § 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 the property before judgment can be obtained against him or her.(2) Is actually removing the property out of the state.(3) Is about to remove the property out of the state.(4)…
Fla. Stat. § 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 the property to avoid the payment of his or her debts.(3) Is fraudulently secreting the property to avoid payment of his or her debts.
Fla. Stat. § 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 against executors or administrators for a debt not due, the existence of all the grounds assigned, shall cause the debt to become due, and plaintiff may proceed as on a debt falling…
Fla. Stat. § 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 the creditor has reason to believe and does believe that:(1) The property or part of it will be concealed or disposed of so that it will not be forthcoming to answer a…
Fla. Stat. § 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 facts shown by a verified complaint or a separate affidavit of the plaintiff, and all applicable requirements of s. 76.09, s. 76.10, or s. 76.11 are met.
Fla. Stat. § 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 believe in the existence of one or more of the special grounds in s. 76.04, stating specifically the grounds.
Fla. Stat. § 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; and the existence of one or more of the special grounds in s. 76.05, stating specifically the grounds and plaintiff shall produce before the officer granting the attachment satisfactory proo…
Fla. Stat. § 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 a complaint has been filed to foreclose the mortgage, the amount of the debt secured by the mortgage, that it is actually due, and that movant has reason to believe…
Fla. Stat. § 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 clerk payable to defendant in at least double the debt demanded conditioned to pay all costs and damages which defendant sustains in consequence of plaintiff’s improperly suing out…
Fla. Stat. § 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 party against whose property the writ is issued as is sufficient to satisfy the debt demanded with costs.(2) IN AID OF SUITS TO FORECLOSE.—In actions to foreclose m…
Fla. Stat. § 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 personal property binds the property attached, except against preexisting liens. Levies on the same property under successive attachments have precedence as liens in the order in which they are ma…
Fla. Stat. § 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 the possession of a third person before the execution of the writ, the sheriff holding the writ shall execute it on the property in the possession of the third person and shall serve the writ on…
Fla. Stat. § 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 action was instituted, a writ of attachment, original or ancillary, shall be issued and delivered to the sheriff of the county where the property is situate. The officer shall…
Fla. Stat. § 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 removed from the county pending the action, the officer to whom the writ is delivered shall make return of the fact of the removal and plaintiff may file a motion stating to what coun…
Fla. Stat. § 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 or such other person giving bond with surety to the officer levying the attachment to be approved by the officer payable to plaintiff in an amount which shall exceed by one-fourth the…
Fla. Stat. § 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 the owner of the equity of redemption), on his or her giving a bond with surety to be approved by the officer, conditioned for the payment to plaintiff of the debt and all costs of…
Fla. Stat. § 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.
Fla. Stat. § 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 manner provided in case of execution.
Fla. Stat. § 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 is restored to defendant or some person for him or her, or is claimed by a third person. When the property attached is perishable or liable to great deterioration in value o…
Fla. Stat. § 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 and a reasonable probability that the final judgment in the underlying action will be rendered in the plaintiff’s favor. The court shall set down such motion for an immed…
Fla. Stat. § 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 an attachment is dissolved and a writ of garnishment has been issued the garnishment shall not be dissolved in consequence of dissolution…
Fla. Stat. § 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 under the writ, the writ shall be returned when the property seized finally passes from the lien of the writ and control of the officer levying it. At the time of each action take…
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