reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 55 - Judgments › 55.146 - Certain Property Exempt.

55.146 Certain property exempt.—All property in this state of a judgment debtor where the judgment is in favor of any state for failure to pay that state’s income tax on benefits received from a pension or other retirement plan is exempt from forced sale under process of any court, and no such judgment or execution based thereon shall be a lien on such property.
History.—s. 15, ch. 90-343.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 55 - Judgments › 55.201 - Central Database of Judgment Liens on Personal Property.

55.201 Central database of judgment liens on personal property.—The Department of State shall maintain a database of judgment lien files established in accordance with ss. 55.201-55.209.
History.—s. 8, ch. 2000-258; s. 1, ch. 2001-154.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 55 - Judgments › 55.203 - Judgment Lien Certificate; Content, Filing, and Indexing.

55.203 Judgment lien certificate; content, filing, and indexing.—
(1) An original judgment lien certificate must include:
(a) The legal name of each judgment debtor and, if a recorded legal entity, the registered name and document filing number as shown in the records of the Department of State.
(b) The last known address and the social security number or federal employer identification number of each judgment debtor if shown on the judgment itself.
(c) The legal name of the judgment creditor and, if a recorded legal entity, the registered name and document filing number as shown in the records of the Department of State, and the name of the judgment creditor’s attorney or duly authorized representative, if any.
(d) The address of the judgment creditor.
(e) The identity of the court which entered the judgment and the case number and the date the written judgment was entered.
(f) The amount due on the money judgment and the applicable interest rate.
(g) The signature of the judgment creditor or the judgment creditor’s attorney or duly authorized representative.
(2) A second judgment lien certificate, as provided in s. 55.204(3), must include the information required in subsection (1) and must state the file number assigned to the file of the original judgment lien certificate, the money amount remaining unpaid, and the interest accrued thereon.
(3) An amendment, as provided in s. 55.206, or a correction statement, as provided in s. 55.207, must state the file number of the judgment lien file to which the amendment or correction statement relates and must state the action, change, or statement to be added.
(4) The Department of State shall examine, for compliance with ss. 55.201-55.209, each document submitted for filing and shall accept or reject the document accordingly. For each judgment lien certificate filed, the department shall:
(a) Create a file.
(b) Assign a unique file number to the record.
(c) Include the date and time of filing of the judgment lien certificate.
(d) Maintain the file in a database accessible to the public via the Internet.
(e) Index the judgment lien certificate according to the name of each judgment debtor.
(f) Index all subsequently filed documents relating to an original judgment lien certificate in a manner that associates them to the original judgment lien certificate.
(5) A judgment lien certificate substantially satisfying the requirements of this section is effective even if it has minor errors or omissions that make the filing seriously misleading.
(6) The Department of State shall prescribe mandatory forms of all documents to be filed under this section.
History.—s. 10, ch. 2000-258; s. 3, ch. 2001-154; s. 4, ch. 2016-10.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 55 - Judgments › 55.204 - Duration and Continuation of Judgment Lien; Destruction of Records.

55.204 Duration and continuation of judgment lien; destruction of records.—
(1) Except as provided in this section, a judgment lien acquired under s. 55.202 lapses and becomes invalid 5 years after the date of filing the judgment lien certificate.
(2) Liens securing the payment of child support or tax obligations under s. 95.091(1)(b) lapse 20 years after the date of the original filing of the warrant or other document required by law to establish a lien. Liens securing the payment of reemployment assistance tax obligations lapse 10 years after the date of the original filing of the notice of lien. A second lien based on the original filing may not be obtained.
(3) At any time within 6 months before or 6 months after the scheduled lapse of a judgment lien under subsection (1), the judgment creditor may acquire a second judgment lien by filing a new judgment lien certificate. The effective date of the second judgment lien is the date and time on which the judgment lien certificate is filed. The second judgment lien is a new judgment lien and not a continuation of the original judgment lien. The second judgment lien permanently lapses and becomes invalid 5 years after its filing date, and additional liens based on the original judgment or any judgment based on the original judgment may not be acquired.
(4) A judgment lien continues only as to itemized property for an additional 90 days after lapse of the lien. Such judgment lien continues only if:
(a) The property was itemized and its location described with sufficient particularity in the instructions for levy to permit the sheriff to act;
(b) The instructions for the levy had been delivered to the sheriff before the date of lapse of the lien; and
(c) The property was located in the county in which the sheriff has jurisdiction at the time of delivery of the instruction for levy. Subsequent removal of the property does not defeat the lien. A court may order continuation of the lien beyond the 90-day period on a showing that extraordinary circumstances have prevented levy.
(5) The date of lapse of a judgment lien whose enforceability has been temporarily stayed or enjoined as a result of any legal or equitable proceeding is tolled until 30 days after the stay or injunction is terminated.
(6) If a second judgment lien is not filed, the Department of State shall maintain each judgment lien file and all information contained therein for a minimum of 1 year after the judgment lien lapses in accordance with this section. If a second judgment lien is filed, the department shall maintain both files and all information contained in such files for a minimum of 1 year after the second judgment lien lapses.
(7)  This section does not extend the life of a judgment lien beyond the time that the underlying judgment, order, decree, or warrant otherwise expires or becomes invalid pursuant to law.
History.—s. 11, ch. 2000-258; s. 4, ch. 2001-154; s. 3, ch. 2005-241; s. 3, ch. 2010-90; s. 1, ch. 2010-138; s. 34, ch. 2012-30.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 55 - Judgments › 55.206 - Amendment of Judgment Lien File; Termination, Partial Release, Assignment, Continuation, Tolling, Correction.

55.206 Amendment of judgment lien file; termination, partial release, assignment, continuation, tolling, correction.—
(1) An amendment to a judgment lien acquired as provided under s. 55.202 may be filed by or on behalf of the judgment creditor of record, which may provide for:
(a) The termination, partial release, or assignment of the judgment creditor’s interest in a judgment lien;
(b) The continuation and termination of the continuation of a judgment lien, as provided in s. 55.204(4);
(c) The tolling and termination of the tolling of a lapse of a judgment lien, as provided in s. 55.204(5); or
(d) The correction or change of any other information provided in the judgment lien file.
(2) Within 30 days following receipt of a written demand by a judgment debtor after the obligation underlying a judgment lien has been fully or partially released, the judgment lienholder must deliver to the judgment debtor a written statement indicating that there is no longer a claim for a lien on the personal property of the judgment debtor or that the judgment lien has been partially released and setting forth the value of the lien remaining unpaid as of the date of the statement. A statement signed by an assignee must include or be accompanied by a separate written acknowledgment of assignment signed by or for the benefit of the judgment creditor of record. If the judgment lienholder fails to deliver such a statement within 30 days after proper written demand therefor, the judgment lienholder is liable to the judgment debtor for $100, and for any actual or consequential damages, including reasonable attorney’s fees, caused by such failure to the judgment debtor. The judgment debtor, the judgment creditor, or assignee may file such statement with the Department of State.
History.—s. 13, ch. 2000-258; s. 6, ch. 2001-154.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 55 - Judgments › 55.207 - Correction of Judgment Lien File.

55.207 Correction of judgment lien file.—
(1) A person may file with the Department of State a correction statement with respect to a judgment lien file, as provided in s. 55.203, indexed under any person’s name, if the person believes that the file is inaccurate or that the judgment lien certificate was wrongfully filed.
(2) A correction statement must:
(a) State the judgment debtor named and the file number assigned to the judgment lien file to which the correction statement relates;
(b) Indicate that it is a correction statement;
(c) Provide the basis for the person’s belief that the judgment lien certificate was wrongfully filed or the file is inaccurate; and
(d) Indicate the manner in which the person believes the file should be corrected to cure any inaccuracy.
(3) The department shall ensure that a correction statement is indexed and available in the same manner as any filed lien certificate in the central database of judgment lien files.
(4) The filing of a correction statement does not affect the effectiveness of the judgment lien or other filing.
History.—s. 14, ch. 2000-258; s. 7, ch. 2001-154.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 55 - Judgments › 55.208 - Effect of Prior Liens on Payment Intangibles and Accounts; Effect of Filed Judgment Lien on Writs of Execution Previously Delivered to a Sheriff.

55.208 Effect of prior liens on payment intangibles and accounts; effect of filed judgment lien on writs of execution previously delivered to a sheriff.—
(1) A judgment lien under s. 55.202 existing before October 1, 2023, becomes enforceable and perfected as of October 1, 2023, as to payment intangibles and accounts and the proceeds thereof of a judgment debtor under s. 55.202(2). Any security interest or lien on payment intangibles or accounts and the proceeds thereof of a judgment debtor which is enforceable and perfected before October 1, 2023, continues to have the same rights and priority as existed before October 1, 2023, and may not be primed as to payment intangibles or accounts by a judgment lien certificate filed before October 1, 2023.
(2) If a judgment creditor who has delivered a writ of execution to a sheriff in any county prior to October 1, 2001, properly files a judgment lien certificate with the Department of State by October 1, 2003, the resulting judgment lien is deemed filed on the date the writ was delivered to the sheriff as to all property of the judgment debtor subject to execution in this state under s. 56.061 which is located in that county on October 1, 2001, and that remains continuously in that county thereafter. Priority of such judgment liens is determined as of the effective date they are considered to have been filed. As to all other property of the judgment debtor, the effective date of the judgment lien is as provided in s. 55.202. The duration of all judgment liens is as provided in s. 55.204.
(3) If a judgment creditor who has delivered a writ of execution to a sheriff in any county before October 1, 2001, does not properly file a judgment lien certificate with the Department of State by October 1, 2003, such writ is considered to have been abandoned and to be of no effect after October 1, 2003.
History.—s. 15, ch. 2000-258; s. 8, ch. 2001-154; s. 4, ch. 2023-300.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 55 - Judgments › 55.209 - Department of State; Processing Fees, Responsibilities.

55.209 Department of State; processing fees, responsibilities.—
(1) Except for liens, assessments, warrants, or judgments filed electronically as provided in s. 55.202(2)(c), the Department of State shall collect the following nonrefundable processing fees for all documents filed in accordance with ss. 55.201-55.209:
(a) For any judgment lien certificate or other documents permitted to be filed, $20.
(b) For the certification of any filed document, $10.
(c) For copies of judgment lien documents which are produced by the Department of State, $1 per page or part thereof. However, no charge may be collected for copies provided in an online electronic format via the Internet.
(d) For indexing a judgment lien by multiple judgment debtor names, $5 per additional name.
(e) For each additional facing page attached to a judgment lien certificate or document permitted to be filed, $5.
(2) Unless otherwise provided by law, the Department of State may not conduct any search of the database established under s. 55.201 to determine the existence of any judgment lien file or to perform any service other than in connection with those services for which payment of services are required under this section. The information maintained in the database is for public notice purposes only and the department may make no certification or determination of the validity of any judgment lien acquired under ss. 55.202 and 55.204(3).
History.—s. 16, ch. 2000-258; s. 14, ch. 2001-60; s. 9, ch. 2001-154; s. 5, ch. 2023-300.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 55 - Judgments › 55.501 - Florida Enforcement of Foreign Judgments Act; Short Title.

55.501 Florida Enforcement of Foreign Judgments Act; short title.—Sections 55.501-55.509 may be cited as the “Florida Enforcement of Foreign Judgments Act.”
History.—s. 1, ch. 84-5.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 55 - Judgments › 55.502 - Construction of Act.

55.502 Construction of act.—
(1) As used in ss. 55.501-55.509, the term “foreign judgment” means a judgment, decree, or order of a court of any other state, territory or commonwealth of the United States, or of the United States if such judgment, decree, or order is entitled to full faith and credit in this state.
(2) This act shall not be construed to impair the right of a judgment creditor to bring an action to enforce his or her judgment instead of proceeding under this act.
(3) This act shall be interpreted and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.
(4) Nothing contained in this act shall be construed to alter, modify, or extend the limitation period applicable for the enforcement of foreign judgments.
History.—ss. 2, 8, ch. 84-5; s. 16, ch. 94-348; s. 1358, ch. 95-147; s. 2, ch. 2013-164.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 55 - Judgments › 55.503 - Recording and Status of Foreign Judgments; Fees.

55.503 Recording and status of foreign judgments; fees.—
(1) A copy of any foreign judgment certified in accordance with the laws of the United States or of this state may be recorded in the office of the clerk of the circuit court of any county. The clerk shall file, record, and index the foreign judgment in the same manner as a judgment of a circuit or county court of this state. A judgment so recorded shall have the same effect and shall be subject to the same rules of civil procedure, legal and equitable defenses, and proceedings for reopening, vacating, or staying judgments, and it may be enforced, released, or satisfied, as a judgment of a circuit or county court of this state.
(2) Any person recording a foreign judgment shall pay to the clerk of the circuit court a service charge as is required for the recording of an original action demanding the relief or judgment granted in the foreign judgment.
History.—ss. 3, 7, ch. 84-5.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 55 - Judgments › 55.505 - Notice of Recording; Prerequisite to Enforcement.

55.505 Notice of recording; prerequisite to enforcement.—
(1) At the time of the recording of a foreign judgment, the judgment creditor shall make and record with the clerk of the circuit court an affidavit setting forth the name, social security number, if known, and last known post office address of the judgment debtor and of the judgment creditor.
(2) Promptly upon the recording of the foreign judgment and the affidavit, the clerk shall mail notice of the recording of the foreign judgment, by registered mail with return receipt requested, to the judgment debtor at the address given in the affidavit and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and of the judgment creditor’s attorney, if any, in this state. In addition, the judgment creditor may mail a notice of the recording of the judgment to the judgment debtor and may record proof of mailing with the clerk. The failure of the clerk to mail notice of recording will not affect the enforcement proceedings if proof of mailing by the judgment creditor has been recorded.
(3) No execution or other process for enforcement of a foreign judgment recorded hereunder shall issue until 30 days after the mailing of notice by the clerk and payment of a service charge of up to $42 to the clerk, from which the clerk shall remit $4.50 to the Department of Revenue for deposit into the General Revenue Fund. When an action authorized in s. 55.509(1) is filed, it acts as an automatic stay of the effect of this section.
History.—s. 4, ch. 84-5; s. 12, ch. 93-250; s. 17, ch. 94-348; s. 70, ch. 2003-402; s. 26, ch. 2008-111; s. 13, ch. 2019-58.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 55 - Judgments › 55.507 - Lien; When Effective.

55.507 Lien; when effective.—A foreign judgment does not operate as a lien until 30 days after the mailing of notice by the clerk. When an action authorized in s. 55.509(1) is filed, it acts as an automatic stay of the effect of this section.
History.—s. 5, ch. 84-5.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 55 - Judgments › 55.509 - Stay of Enforcement of Foreign Judgment.

55.509 Stay of enforcement of foreign judgment.—
(1) If, within 30 days after the date the foreign judgment is recorded, the judgment debtor files an action contesting the jurisdiction of the court which entered the foreign judgment or the validity of the foreign judgment and records a lis pendens directed toward the foreign judgment, the court shall stay enforcement of the foreign judgment and the judgment lien upon the filing of the action by the judgment debtor.
(2) If the judgment debtor shows the circuit or county court any ground upon which enforcement of a judgment of any circuit or county court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.
History.—s. 6, ch. 84-5.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 55 - Judgments › 55.601 - Uniform Out-of-Country Foreign Money-Judgment Recognition Act; Short Title.

55.601 Uniform Out-of-Country Foreign Money-Judgment Recognition Act; short title.—Sections 55.601-55.607 may be cited as the “Uniform Out-of-Country Foreign Money-Judgment Recognition Act.”
History.—s. 1, ch. 94-239.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 55 - Judgments › 55.602 - Definitions.

55.602 Definitions.—As used in this act, the term:
(1) “Foreign state” means any governmental unit other than the United States, or any state, district, commonwealth, territory, insular possession thereof, or the Panama Canal Zone, the Trust Territory of the Pacific Islands, or the Ryukyu Islands.
(2) “Out-of-country foreign judgment” means any judgment of a foreign state granting or denying recovery of a sum of money, other than a judgment for taxes, a fine, or other penalty.
History.—s. 2, ch. 94-239; s. 5, ch. 2005-241.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 55 - Judgments › 55.603 - Applicability.

55.603 Applicability.—This act applies to any out-of-country foreign judgment that is final and conclusive and enforceable where rendered, even though an appeal therefrom is pending or is subject to appeal.
History.—s. 3, ch. 94-239; s. 6, ch. 2005-241.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 55 - Judgments › 55.605 - Grounds for Nonrecognition.

55.605 Grounds for nonrecognition.—
(1) An out-of-country foreign judgment is not conclusive if:
(a) The judgment was rendered under a system which does not provide impartial tribunals or procedures compatible with the requirements of due process of law.
(b) The foreign court did not have personal jurisdiction over the defendant.
(c) The foreign court did not have jurisdiction over the subject matter.
(2) An out-of-country foreign judgment need not be recognized if:
(a) The defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable him or her to defend.
(b) The judgment was obtained by fraud.
(c) The cause of action or claim for relief on which the judgment is based is repugnant to the public policy of this state.
(d) The judgment conflicts with another final and conclusive order.
(e) The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be settled otherwise than by proceedings in that court.
(f) In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action.
(g) The foreign jurisdiction where judgment was rendered would not give recognition to a similar judgment rendered in this state.
(h) The cause of action resulted in a defamation judgment obtained in a jurisdiction outside the United States, unless the court sitting in this state before which the matter is brought first determines that the defamation law applied in the foreign court’s adjudication provided at least as much protection for freedom of speech and press in that case as would be provided by the United States Constitution and the State Constitution.
(i) The judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment.
(j) The specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.
History.—s. 5, ch. 94-239; s. 1359, ch. 95-147; s. 78, ch. 99-251; s. 11, ch. 2001-154; s. 8, ch. 2005-241; s. 1, ch. 2009-232; s. 1, ch. 2018-37.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 55 - Judgments › 55.6055 - Foreign Defamation Judgment.

55.6055 Foreign defamation judgment.—
(1) For the purposes of rendering declaratory relief with respect to a person’s liability for a foreign defamation judgment and determining whether the foreign defamation judgment should be deemed nonrecognizable under s. 55.605, the courts of this state have personal jurisdiction over any person who obtains a judgment in a defamation proceeding outside the United States against any person who:
(a) Is a resident of this state;
(b) Is a person or entity amenable to the jurisdiction of this state;
(c) Has assets in this state; or
(d) May have to take action in this state to comply with the judgment.
(2) This section applies to judgments rendered in defamation proceedings outside the United States before, on, or after July 1, 2009.
History.—s. 2, ch. 2009-232.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 55 - Judgments › 55.606 - Personal Jurisdiction.

55.606 Personal jurisdiction.—The out-of-country foreign judgment shall not be refused recognition for lack of personal jurisdiction if:
(1) The defendant was served personally in the foreign state;
(2) The defendant voluntarily appeared in the proceedings, other than for the purpose of protecting property seized or threatened with seizure in the proceedings or of contesting the jurisdiction of the court over him or her;
(3) The defendant, prior to the commencement of the proceedings, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;
(4) The defendant was domiciled in the foreign state when the proceedings were instituted, or, being a body corporate, had its principal place of business, was incorporated, or had otherwise acquired corporate status, in the foreign state;
(5) The defendant had a business office in the foreign state and the proceedings in the foreign court involved a cause of action or a claim for relief arising out of business done by the defendant through that office in the foreign state; or
(6) The defendant operated a motor vehicle or airplane in the foreign state and the proceedings involved a cause of action or claim for relief arising out of such operation.
History.—s. 6, ch. 94-239; s. 1360, ch. 95-147; s. 9, ch. 2005-241.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 55 - Judgments › 55.607 - Stay in Case of Appeal.

55.607 Stay in case of appeal.—If the defendant satisfies the court that an appeal is pending, or that he or she intends to appeal, and that he or she has obtained a stay of judgment from the foreign court, the court may stay the proceedings until the appeal has been determined or until the expiration of a period of time sufficient to enable the defendant to prosecute the appeal.
History.—s. 7, ch. 94-239; s. 1361, ch. 95-147.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 56 - Final Process › 56.0101 - Definitions.

56.0101 Definitions.—As used in this chapter, the term:
(1) “Claimant” means any person other than the judgment debtor who claims any property levied on.
(2) “Corporate judgment debtor” means a judgment debtor other than an individual, an estate, or a trust that is not a business trust.
(3) “Judgment creditor” means the holder of an unsatisfied judgment, order, or decree for the payment of money, including a transferee or a surety having the right to control and collect the judgment under s. 55.13.
(4) “Judgment debtor” means each person who is liable on a judgment, an order, or a decree subject to execution under this chapter.
(5) “Levying creditor” means the levying judgment creditor.
(6) “Person” means an individual, partnership, corporation, association, organization, government or governmental subdivision or agency, business trust, estate, trust, or any other legal or commercial entity.
(7) “Relative” means an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as determined by the common law, and includes an individual in an adoptive relationship within the third degree.
History.—s. 1, ch. 2016-33.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 56 - Final Process › 56.011 - Executions; Capias Ad Satisfaciendum Abolished.

56.011 Executions; capias ad satisfaciendum abolished.—A capias ad satisfaciendum may not be issued upon a judgment, nor may the body of any person be subject to arrest or confinement for the payment of money, except for fines imposed by lawful authority.
History.—s. 53, Nov. 23, 1828; RS 1184; GS 1612; RGS 2816; CGL 4503; s. 11, ch. 67-254; s. 2, ch. 2016-33.
Note.—Former s. 55.14.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 56 - Final Process › 56.021 - Executions; Issuance and Return, Alias, Etc.

56.021 Executions; issuance and return, alias, etc.—When issued, an execution is valid and effective during the life of the judgment, order, or decree on which it is issued. When fully paid, the officer executing it shall make his or her return and file it in the court which issued the execution. If the execution is lost or destroyed, the party entitled thereto may have an alias, pluries or other copies on making proof of such loss or destruction by affidavit and filing it in the court issuing the execution.
History.—s. 1, Feb. 17, 1833; RS 1187; GS 1615; RGS 2819; CGL 4506; ss. 1, 2, ch. 17904, 1937; CGL 1940 Supp. 4505(1); s. 11, ch. 67-254; s. 298, ch. 95-147; s. 3, ch. 2016-33.
Note.—Former s. 55.16.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 56 - Final Process › 56.031 - Executions; Form.

56.031 Executions; form.—All executions shall be dated on the day on which they are issued, shall be directed to all and singular the sheriffs of the state and shall be in full force throughout the state.
History.—s. 1, Feb. 17, 1833; RS 1186; GS 1614; RGS 2818; CGL 4505; s. 11, ch. 67-254.
Note.—Former s. 55.17.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 56 - Final Process › 56.041 - Executions; Collection and Return.

56.041 Executions; collection and return.—
(1) All executions shall be returnable when satisfied, and the officers to whom they are delivered shall collect the amounts thereof as soon as possible and shall furnish the judgment debtor with a satisfaction of judgment. All receipts shall be endorsed on the execution.
(2) All unsatisfied executions in the hands of the sheriff docketed before October 1, 2001, or 20 years after the date of issuance of final judgment upon which the execution was issued may be returned to the court issuing the execution. Upon such return, the clerk of the court of issuance shall provide a receipt to the sheriff submitting the return acknowledging the return of the unsatisfied execution.
History.—s. 2, Mar. 15, 1844; RS 1188; GS 1616; RGS 2820; CGL 4507; s. 11, ch. 67-254; s. 8, ch. 87-145; s. 6, ch. 87-405; s. 4, ch. 2009-215; s. 4, ch. 2016-33.
Note.—Former s. 55.18.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 56 - Final Process › 56.051 - Executions; Collection When Against Principal and Sureties.

56.051 Executions; collection when against principal and sureties.—Where there are executions against principals and sureties, or an execution against a principal and surety or sureties, it shall be the duty of the sheriff or other officer to make the money out of the property of the principal, unless the principal be insolvent or has no property, in which case the execution may proceed against the property of the sureties.
History.—s. 7, Mar. 15, 1844; RS 1189; GS 1617; RGS 2821; CGL 4508; s. 11, ch. 67-254; s. 299, ch. 95-147.
Note.—Former s. 55.19.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 56 - Final Process › 56.061 - Property Subject to Execution.

56.061 Property subject to execution.—Lands and tenements, goods and chattels, equities of redemption in real and personal property, and stock in corporations, shall be subject to levy and sale under execution. Likewise, the interest in personal property in possession of a vendee under a retained title contract or conditional sale contract shall be subject to levy and sale under execution to satisfy a judgment against the vendee. This shall be done by making the levy on such personal property.
History.—s. 1, Mar. 15, 1844; s. 1, ch. 44, 1845; s. 1, ch. 3917, 1889; RS 1190; GS 1618; RGS 2822; CGL 4509; s. 1, ch. 61-199; s. 11, ch. 67-254.
Note.—Former s. 55.20.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 56 - Final Process › 56.071 - Executions on Equities of Redemption; Discovery of Value.

56.071 Executions on equities of redemption; discovery of value.—On motion made by the person causing a levy to be made on an equity of redemption, the court from which the execution issued shall order the mortgagor, mortgagee, and all other persons interested in the mortgaged property levied on to appear and be examined about the amount remaining due on the mortgage, the amount that has been paid, the person to whom that amount has been paid, and the date when that amount was paid so that the value of the equity of redemption may be ascertained before the property is sold. The court may appoint a general or special magistrate to conduct the examination. This section shall also apply to the interest of and personal property in possession of a vendee under a retained title contract or conditional sales contract.
History.—s. 2, ch. 44, 1845; RS 1208; GS 1638; RGS 2842; CGL 4529; s. 1, ch. 61-191; s. 11, ch. 67-254; s. 13, ch. 73-334; s. 52, ch. 2004-11; s. 5, ch. 2016-33.
Note.—Former s. 55.21.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 56 - Final Process › 56.09 - Executions Against Corporate Judgment Debtors; Generally.

56.09 Executions against corporate judgment debtors; generally.—On any judgment against a corporate judgment debtor, the judgment creditor may have an execution levied on the current money as well as on the goods and chattels, lands and tenements of the corporate judgment debtor.
History.—s. 4, Feb. 11, 1834; RS 1210; GS 1640; RGS 2844; CGL 4531; s. 11, ch. 67-254; s. 6, ch. 2016-33.
Note.—Former s. 55.23.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 56 - Final Process › 56.10 - Executions Against Corporate Judgment Debtors; Receivership.

56.10 Executions against corporate judgment debtors; receivership.—If an execution cannot be satisfied in whole or in part for lack of property of the corporate judgment debtor subject to levy and sale, on motion of the judgment creditor the circuit court in chancery within whose circuit such corporate judgment debtor is or has been doing business, or in which any of its effects are found, may sequestrate the property, things in action, goods and chattels of the corporate judgment debtor for the purpose of enforcing the judgment, and may appoint a receiver for the corporate judgment debtor. A receiver so appointed is subject to the rules prescribed by law for receivers of the property of other judgment debtors. His or her power shall extend throughout the state.
History.—s. 1, ch. 1870, 1872; RS 1211; GS 1641; RGS 2845; CGL 4532; s. 11, ch. 67-254; s. 300, ch. 95-147; s. 7, ch. 2016-33.
Note.—Former s. 55.24.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 56 - Final Process › 56.12 - Executions; Levy, Forthcoming Bond.

56.12 Executions; levy, forthcoming bond.—If a judgment debtor wants to retake possession of any property levied on, the judgment debtor may do so by executing a bond with surety to be approved by the officer in favor of the judgment creditor in a sum double the value of the property retaken as fixed by the officer holding the execution and conditioned that the property will be forthcoming on the day of sale stated in the bond.
History.—s. 3, Mar. 15, 1844; RS 1192; GS 1621; RGS 2825; CGL 4512; s. 11, ch. 67-254; s. 301, ch. 95-147; s. 8, ch. 2016-33.
Note.—Former s. 55.34.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 56 - Final Process › 56.13 - Executions; Forfeiture of Forthcoming Bond.

56.13 Executions; forfeiture of forthcoming bond.—Should the execution remain unpaid, and the parties to the bond fail to produce such property by the day specified, said bond shall be returned to the court from which the execution issued, as forfeited; and the clerk, or the court if it has no clerk, shall enter up judgment forthwith against the sureties for the value fixed as aforesaid of the property so bonded, or if the value of the property exceed the amount of the execution, then for the amount of the execution, and execution shall issue therefor. Such proceedings shall not affect the liability of the principal upon the original judgment.
History.—s. 4, Mar. 15, 1844; RS 1193; GS 1622; RGS 2826; CGL 4513; s. 11, ch. 67-254.
Note.—Former s. 55.35.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 56 - Final Process › 56.14 - Executions Upon Forthcoming Bond; Levy.

56.14 Executions upon forthcoming bond; levy.—No bonds, as hereinbefore provided, shall be allowed to be given for property seized upon the execution on the judgment upon the forfeited bond.
History.—s. 1, ch. 727, 1855; RS 1194; GS 1623; RGS 2827; CGL 4514; s. 11, ch. 67-254.
Note.—Former s. 55.36.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 56 - Final Process › 56.15 - Executions; Stay of Illegal Writs.

56.15 Executions; stay of illegal writs.—If any execution issues illegally, the judgment debtor may obtain a stay by making and delivering an affidavit to the officer having the execution, stating the illegality and whether any part of the execution is due, with a bond with surety payable to the judgment creditor in double the amount of the execution or the part of which a stay is sought conditioned to pay the execution or part claimed to be illegal and any damages for delay if the affidavit is not well founded. On receipt of such affidavit and bond the officer shall stay proceedings on the execution and return the bond and affidavit to the court from which the execution issued. The court shall pass on the question of illegality as soon as possible. If the execution is adjudged illegal in any part, the court shall stay it as to the part but if it is adjudged legal in whole or in part, the court shall enter judgment against the principal and surety on such bond for the amount of so much of the execution as is adjudged to be legal and execution shall issue thereon.
History.—ss. 2, 3, Feb. 15, 1834; RS 1195; GS 1624; RGS 2828; CGL 4515; s. 11, ch. 67-254; s. 9, ch. 2016-33.
Note.—Former s. 55.37.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 56 - Final Process › 56.16 - Executions; Claims of Third Parties to Property Levied On.

56.16 Executions; claims of third parties to property levied on.—If any person, including a person to whom a Notice to Appear has been issued pursuant to s. 56.29(2), other than the judgment debtor claims any property levied on, he or she may obtain possession of the property by filing with the officer having the execution an affidavit by the claimant, or the claimant’s agent or attorney, that the property claimed belongs to the claimant and by furnishing the officer a bond with surety to be approved by the officer in favor of the judgment creditor in double the value of the goods claimed as the value is fixed by the officer and conditioned to deliver said property on demand of said officer if it is adjudged to be the property of the judgment debtor and to pay the judgment creditor all damages found against the claimant if it appears that the claim was interposed for the purpose of delay.
History.—s. 9, Feb. 17, 1833; s. 1, Mar. 16, 1844; RS 1197; GS 1626; RGS 2830; CGL 4517; s. 11, ch. 67-254; s. 302, ch. 95-147; s. 10, ch. 2016-33.
Note.—Former s. 55.39.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 56 - Final Process › 56.17 - Executions; Duty of Officer on Claim of Third Person Being Filed.

56.17 Executions; duty of officer on claim of third person being filed.—On receipt of the bond and affidavit the officer shall deliver the property to the claimant and desist from any further proceedings under the execution until the right of property is tried. The officer shall return the execution to the court from which it issued with the affidavit and bond.
History.—ss. 9, 10, Feb. 17, 1833; RS 1198; GS 1627; RGS 2831; CGL 4518; s. 11, ch. 67-254; s. 303, ch. 95-147.
Note.—Former s. 55.40.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 56 - Final Process › 56.18 - Executions; Trial of Claims of Third Persons.

56.18 Executions; trial of claims of third persons.—As soon as possible after the return, or after service of a Notice to Appear pursuant to s. 56.29(2), a jury, if not waived, shall be impaneled to try the right of property. If the verdict is in favor of the judgment creditor and it appears that the claim brought pursuant to s. 56.16 was interposed for delay, the judgment creditor may be awarded reasonable damages, not exceeding 20 percent of the value of the property claimed. If the claimant denies in writing under oath filed at least 3 days before the trial, the correctness of the appraisement of the value of the property by the officer levying the execution, and the verdict is in favor of the judgment creditor, the jury if not waived, shall fix the value of each item thereof, or of the items covered by such denial.
History.—s. 10, Feb. 17, 1833; RS 1199; GS 1628; RGS 2832; CGL 4519; s. 11, ch. 67-254; s. 11, ch. 2016-33.
Note.—Former s. 55.41.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 56 - Final Process › 56.19 - Judgments Upon Claims of Third Persons.

56.19 Judgments upon claims of third persons.—Upon the verdict of the jury, the court shall enter judgment deciding the right of property, and if the verdict is for the judgment creditor, awarding a recovery by the judgment creditor from the claimant and the claimant’s sureties, of the value (as fixed by the officer, or as fixed by the jury if fixed by it) of such parts of the property as the jury may have found subject to execution that were delivered to the claimant, and awarding separately such damages as may be awarded under s. 56.18, and of all costs attending the presentation and trial of the claim.
History.—RS 1200; GS 1629; RGS 2833; CGL 4520; s. 11, ch. 67-254; s. 304, ch. 95-147; s. 12, ch. 2016-33.
Note.—Former s. 55.42.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 56 - Final Process › 56.20 - Executions on Judgments Against Third Person Claimants.

56.20 Executions on judgments against third person claimants.—If the execution issued on the judgment is not paid, it shall be satisfied in the usual manner unless on demand of the officer holding it, the principal and surety in the claim bond deliver the property released under the claim bond to the officer and pay him or her the damages and costs awarded to the judgment creditor. If the property is returned to the officer but damages and costs are not paid, execution shall be enforced for the damages and costs. If part of the property is returned to the officer, the execution shall be enforced for the value, fixed as aforesaid, of that not returned. All property returned shall be sold under the original execution against the judgment debtor.
History.—RS 1201; GS 1630; RGS 2834; CGL 4521; s. 11, ch. 67-254; s. 305, ch. 95-147; s. 13, ch. 2016-33.
Note.—Former s. 55.43.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 56 - Final Process › 56.21 - Execution Sales; Notice.

56.21 Execution sales; notice.—Notice of all sales under execution shall be given by advertisement once each week for 4 successive weeks in a newspaper published in the county in which the sale is to take place. The time of such notice may be shortened in the discretion of the court from which the execution issued, upon affidavit that the property to be sold is subject to decay and will not sell for its full value if held until date of sale. On or before the date of the first publication or posting of the notice of sale, a copy of the notice of sale shall be furnished by the sheriff by certified mail to the attorney of record of the judgment debtor, or to the judgment debtor at the judgment debtor’s last known address if the judgment debtor does not have an attorney of record. Such copy of the notice of sale shall be mailed even though a default judgment was entered. When levying upon real or personal property, a notice of such levy and execution sale and a copy of the affidavit required by s. 56.27(4) shall be sent by the sheriff to the attorneys of record of all judgment creditors and other lienholders, or to all judgment creditors and other lienholders who do not have an attorney of record, who have acquired a lien as provided in s. 55.10(1) and (2), s. 55.202, s. 55.204(3), or s. 695.01, and whose liens have not lapsed at the time of levy, at the address listed in the judgment lien certificate or other recorded liens, or, if amended, in any amendment thereto, and to all secured creditors who have filed financing statements as provided in part V of chapter 679 in the name of the judgment debtor reflecting a security interest in property of the kind to be sold at the execution sale at the address listed in the financing statement, or, if amended, in any amendment to the financing statement. Such notice shall be made in the same manner as notice is made to any judgment debtor under this section. When levying upon real property, notice of such levy and execution sale and affidavit required by s. 56.27(4) shall be made to the property owner of record in the same manner as notice is made to any judgment debtor pursuant to this section, and shall be made to each other person holding a mortgage or other lien against the real property as disclosed by the affidavit. When selling real or personal property, the sale date shall not be earlier than 30 days after the date of the first advertisement.
History.—s. 3, Feb. 17, 1833; RS 1202; GS 1631; RGS 2835; CGL 4522; s. 11, ch. 67-254; s. 2, ch. 77-462; s. 4, ch. 82-118; s. 10, ch. 94-170; s. 18, ch. 2000-258; s. 12, ch. 2001-154; s. 10, ch. 2005-241; s. 5, ch. 2009-215.
Note.—Former s. 55.44.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 56 - Final Process › 56.22 - Execution Sales.

56.22 Execution sales.—
(1) All sales of property under legal process shall take place at the time, date, and place advertised in the notice of the sheriff’s sale on any day of the week except Saturday and Sunday and shall continue from day to day until such property is disposed of.
(2) Property not effectively disposed of at the initial sheriff’s sale may be readvertised, as provided in s. 56.21, upon receipt of an additional deposit to cover costs incurred in connection with the maintenance of the property under legal process. If no additional deposit is received by the sheriff, the property may be returned to the judgment debtor; if the judgment debtor refuses to accept such property, the property may be returned to a third party, such as a lienholder, upon presentation of a proper court order directing such return. If the property cannot be returned as described in this subsection, such property shall be disposed of as unclaimed or abandoned.
History.—s. 2, ch. 3256, 1881; RS 1203; GS 1632; RGS 2836; CGL 4523; s. 1, ch. 61-104; s. 11, ch. 67-254; s. 5, ch. 82-118; s. 7, ch. 87-405; s. 11, ch. 94-170; s. 14, ch. 2016-33.
Note.—Former s. 55.45.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 56 - Final Process › 56.25 - Execution Sale; Bill of Sale or Deed.

56.25 Execution sale; bill of sale or deed.—When a sale is made under an execution, the officer making the sale shall execute and deliver to the purchaser a deed or bill of sale to the property on payment of the purchase money and the cost of the deed or bill of sale.
History.—s. 6, Feb. 17, 1833; RS 1205; GS 1634; RGS 2838; CGL 4525; s. 11, ch. 67-254.
Note.—Former s. 55.48.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 56 - Final Process › 56.26 - Executions; Mandamus to Force Levy and Sale.

56.26 Executions; mandamus to force levy and sale.—When an officer holds an unsatisfied execution and refuses to levy on property liable thereunder and on which it is his or her duty to levy or having levied, refuses to advertise and sell the property levied on, the judgment creditor is entitled to an alternative writ of mandamus requiring the officer to levy such execution or advertise and sell the property levied on, or both, as the case may be.
History.—s. 1, ch. 4914, 1901; GS 1635; RGS 2839; CGL 4526; s. 1, ch. 61-330; s. 11, ch. 67-254; s. 306, ch. 95-147; s. 15, ch. 2016-33.
Note.—Former s. 55.49.