30.30
Writs, process; duties and liabilities in levying.
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
30.30 Writs, process; duties and liabilities in levying.—
(1) Whenever any writ, issuing out of any court of this state, shall be delivered to a sheriff, commanding the sheriff to levy upon property specifically described therein, it shall be his or her duty to levy upon such property. If no property is specifically described in the writ, he or she shall levy upon:
(a) Any property in the possession of the defendant which is described in instructions for levy; and
(b) Upon any property assessed against the defendant on the current tax rolls of the county or registered in his or her name under any law of the United States or of the state, upon the request of the plaintiff or the plaintiff’s attorney listing such property in an instructions for levy. The instructions for levy shall state the balance due on such writ.
(2) No sheriff shall be liable in damages to anyone whomsoever for making a wrongful levy whenever the same has been made as required under subsection (1).
(3) If the sheriff, in attempting to execute any writ describing specific property, shall find it in the possession of anyone, other than the defendant, who is claiming the ownership or the right to the possession thereof, the sheriff, in his or her discretion, may require the plaintiff suing out the writ to furnish a bond, payable to such sheriff, in a sum not exceeding the reasonable value of the described property, as fixed by such sheriff, with sureties satisfactory to him or her conditioned to hold the sheriff harmless against liability for any loss or damage that might be sustained by anyone whomsoever by reason of his or her levying upon such described property, and indemnifying him or her for any expense (including reasonable attorney’s fees) incurred by reason of any such claim.
(4) If the sheriff, in attempting to execute any writ not describing specific property, shall be requested to levy upon any property other than that described in subsection (1), he or she may require the plaintiff suing out the writ to furnish a bond upon the terms and conditions prescribed in subsection (3).
(5) Whenever a party suing out any writ shall demand that the sheriff levy upon specific property and anyone, other than the defendant, shall claim the ownership or right of possession thereof, the sheriff, at his or her option, may file a petition in the court out of which the writ issued and procure a rule to issue to the plaintiff and to the party so claiming the property or the right to possession thereof, to show cause why the levy should or should not be made; provided, that if the issue shall involve the titles or boundaries of real estate, the petition shall be filed in the circuit court. The judge of such court, after due notice to all parties in interest, shall determine whether or not such property is subject to levy under the writ. Any party aggrieved by such ruling, including the sheriff, may appeal therefrom, as from a final decree in a chancery cause, and may have a supersedeas upon such terms and conditions as the judge shall fix. In the event the property is ultimately held to be subject to the writ, the plaintiff’s writ shall have priority over any writs levied subsequent to the date upon which the plaintiff’s writ was delivered to the sheriff.
(6) No sheriff shall be liable for making any levy pursuant to the specific order of a court of competent jurisdiction.
History.—ss. 1, 2, 3, 4, 5, 6, ch. 22019, 1943; s. 3, ch. 77-234; s. 27, ch. 81-259; s. 2, ch. 82-118; s. 186, ch. 95-147.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1946–2021 · leading case: Flagship State Bank of Jacksonville v. Carantzas
Flagship State Bank of Jacksonville v. Carantzas (1977)
“Section 30.30(2), Florida Statutes (1975), prohibiting the sheriff from damages for wrongful levy, would not apply to such action since here the levy was correctly made, but not the execution sale.”
Fiandola v. Moore (In re Moore) (2014)
“Fla. Stat. §§ 30.30 (l)(a); 56.021. . Doc.”
Smith v. Moore (1976)
“F.S. 30.30 provides in material part as follows: “(1) Whenever any writ, issuing out of any court of this state, shall be delivered to a sheriff, commanding him to levy upon property specifically described therein, it shall be his duty to levy upon such property; and, if no…”
Grant v. Credithrift of America, Inc. (1981)
“Section 30.30(1), Fla. Stat. But § 222.02 clearly tempers that duty, and states without qualification that once a sheriff receives the affidavit claiming the exemption in proper form, the unclaimed "remainder only shall be subject to sale.”
Lane v. Exmoor School, Inc. (1961)
“The order sought to be reviewed resulted from a petition filed by the sheriff of Dade County under the provisions of § 30.30, Fla.Stat., F.S.A., to determine whether or not the property sought to be subjected to execution under a judgment held by the petitioner was subject to…”
Klauber v. First Federal Bank of Florida (2016)
“§ 30.30(1), Fla. Stat. • (2014). The trial court’s order required Mr.”
Orr v. Allen-Hanford, Inc. (1946)
“: Pursuant to Section 30.30 (5), Florida Statutes 1941, Chapter 22019, Acts of 1943, the Sheriff of Dade County filed his petition in the Circuit Court alleging that writs of fieri facias had been delivered to him based on judgments secured in 1926 by John J.”
Karlene Sandra Parker (2021)
“34 Fla. Stat. § 30.30 (1). 35 Id. 36 Fla. Stat.”
Elkins v. Imperial Crown Toy Corp. (1954)
“The appellant claimed the ownership and the right of possession of the chattels and the sheriff, before levying on the property, invoked the provisions of section 30.30(5) of the Florida Statutes F.”
Revitz v. County of Dade (1974)
“2d 96 ; §§ 30.30, 56.16, 56.17, Fla.Stat., F.S.A.”
— 30.30(1) — 3 cases
Grant v. Credithrift of America, Inc. (1981)
“Section 30.30(1), Fla. Stat. But § 222.02 clearly tempers that duty, and states without qualification that once a sheriff receives the affidavit claiming the exemption in proper form, the unclaimed "remainder only shall be subject to sale.”
Smith v. Moore (1976)
“F.S. 30.30 provides in material part as follows: “(1) Whenever any writ, issuing out of any court of this state, shall be delivered to a sheriff, commanding him to levy upon property specifically described therein, it shall be his duty to levy upon such property; and, if no…”
Klauber v. First Federal Bank of Florida (2016)
“§ 30.30(1), Fla. Stat. • (2014). The trial court’s order required Mr.”
— 30.30(2) — 2 cases
Flagship State Bank of Jacksonville v. Carantzas (1977)
“Section 30.30(2), Florida Statutes (1975), prohibiting the sheriff from damages for wrongful levy, would not apply to such action since here the levy was correctly made, but not the execution sale.”
Smith v. Moore (1976)
“F.S. 30.30 provides in material part as follows: “(1) Whenever any writ, issuing out of any court of this state, shall be delivered to a sheriff, commanding him to levy upon property specifically described therein, it shall be his duty to levy upon such property; and, if no…”
— 30.30(5) — 2 cases
Lane v. Exmoor School, Inc. (1961)
“The order sought to be reviewed resulted from a petition filed by the sheriff of Dade County under the provisions of § 30.30, Fla.Stat., F.S.A., to determine whether or not the property sought to be subjected to execution under a judgment held by the petitioner was subject to…”
Elkins v. Imperial Crown Toy Corp. (1954)
“The appellant claimed the ownership and the right of possession of the chattels and the sheriff, before levying on the property, invoked the provisions of section 30.30(5) of the Florida Statutes F.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.