56.021

Executions; issuance and return, alias, etc.

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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.

Notes of Decisions

Cited in 12 cases (4 in the last 5 years), 1973–2023 · leading case: Burshan v. NATIONAL UNION FIRE INS. COMPANY OF PITTSBURGH, PA.

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Burshan v. NATIONAL UNION FIRE INS. COMPANY OF PITTSBURGH, PA. (2001) fladistctapp · cites it 2× “" § 56.021, Fla. Stat. (2000); Fla. R. Civ.”

Corzo Trucking Corp. v. West (2011) fladistctapp · cites it 2× “” § 56.021, Fla. Stat. (2009). "Subject to the provisions of s.”

Carter v. Carter (1986) va · cites it 2× “Fla.Stat.Ann. § 56.021 (West 1969); 1967 Fla.”

Park Finance of Broward, Inc. v. Jones (2011) fladistctapp · cites it 2× “” § 56.021, Fla. Stat. (2009). An execution is thus “subject to the time limit of section 55.”

Newman v. Ormond (2010) ca11 “Fla. Stat. § 56.021 . Real and personal property are subject to levy and sale under execution.”

Westport Recovery Corp. v. Batista (2007) fladistctapp “Pursuant to section 56.021 of the Florida Statutes (2005), the sheriff may satisfy a properly issued writ of execution during its lifetime only upon it being "fully paid.”

Betaco, Inc. v. Countrywide Home Loans, Inc. (2000) fladistctapp · cites it 2× “See § 56.021, Fla. Stat. (1997). Section 55.091, Florida Statutes (1977), provides that "no judgment .”

Smith v. Purdy (1973) fladistctapp “Withdrawal by the Smith group of their executions from the sheriff while the executions were unsatisfied did not work a dissolution of the executions, since by law the effectiveness thereof continues during the life of the judgment unless it is sooner satisfied.”

Karlene Sandra Parker (2021) flsb · cites it 6× “17, 2021) (citing Fla. Stat. § 56.021 ); see also Fla. R. Civ.”

SARA ROSENBERG, etc. v. U.S. BANK, N.A. (2023) fladistctapp · cites it 4× “”); § 56.021, Fla. Stat. (“When issued, an execution is valid and effective during the life of the judgment, order, or decree on which it is issued.”

Marron v. Maduro Moros (2023) flsd · cites it 2× “§ 56.021, Fla. Stat. The judgment creditor may obtain a writ of execution against “each person who is liable on a judgment, an order, or a decree subject to execution under this chapter [56 of the Florida Statutes].”

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