The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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Under Florida law, a judgment creditor may request that the Clerk of Court issue a writ of execution to satisfy a judgment. § 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].” § 56.0101(4), Fla. Stat. Chapter 56, which governs execution in satisfaction of a judgment, establishes a three-step process where judgment creditors such as the Plaintiffs seek to execute on real property. First, a writ of execution issues. §§ 56.031, 56.061, Fla. Stat. Second, the sheriff or U.S. Marshal levies on the property, effectively attaching the property so that the property owner cannot readily transfer or dispose of it during the on-going post-judgment proceedings. § 56.061, Fla. Stat. Third, the sheriff or U.S. Marshal advertises a notice of sale for four consecutive weeks before selling the property at a sale. § 56.21, Fla. Stat. Because Plaintiffs seek a federal writ of execution, 28 U.S.C. § 566 provides that the United States Marshals Service would be charged with executing the writ and not the local sheriff… Fla. Stat. § 55.202(2)(a). Once the certificate is properly filed, the judgment creditor holds a valid lien against the judgment debtor's personal property (other than fixtures, money, negotiable instruments, and mortgages) as of the date he files the judgment lien certificate. Id. § 55.202(3). Filing of the judgment lien certificate subjects certain personal property to levy and execution. See Fla. Stat. § 56.061; Regions Bank v. Hyman, No. 8:09-cv-1841, 2015 WL 1912251, at *5 (M.D. Fla. Apr. 27, 2015).Under Florida law, stock is included as one of several items that are subject to levy and sale under a writ of execution. See Fla. Stat. § 56.061 ("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."). Florida law also provides a creditor with aid in reaching a security if it cannot be obtained by other legal processes - that is, by seizure of the certificates:The procedure on execution-and in proceedings supplementary to and in aid of judgment or execution-must accord with the procedure of the state where the court is located.” Fed.R.Civ.P. 69(a). Under Florida law, a judgment creditor may request that the clerk of court issue a writ of execution to satisfy the amount of a judgment. See Fla. Stat. § 56.021. That includes “[l]ands and tenements, goods and chattels, equities of redemption in real and personal property, and stock in corporations, [to] be subject to levy and sale under execution.” Fla. Stat. § 56.061; see also Fla. Stat. § 56.09 (“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.”).Pursuant to Federal Rule of Civil Procedure 69(a)(1), “[t]he procedure on execution [for a money judgment] . . . must accord with the procedures of the state where the court is located, but a federal statute governs to the extent it applies.” Under Florida Statutes Section 56.061, “stock in corporations, shall be subject to levy and sale under execution.” Furthermore, Section 678.1121(5) of the Florida Statutes specifies that:Both real and person property are normally "subject to levy and sale under execution to satisfy a judgment." § 56.061, Fla. Stat. (2019). However, it is well-established that "when property is held as a tenancy by the entireties, only the creditors of both the husband and wife, jointly , may attach the tenancy by the entireties property; the property is not divisible on behalf of one spouse alone, and therefore it cannot be reached to satisfy the obligation of only one spouse." Beal Bank, SSB v. Almand & Assocs . 780 So. 2d 45, 53 (Fla. 2001) (emphasis added); see also Quick v. Leatherman , 96 So. 2d 136, 138 (Fla. 1957) (explaining an estate by the entirety is a "peculiar type of tenancy" which can be held only by married persons and that each spouse "owns and controls the whole").Mr. Donziger notes that "[Argyle Ventures, Inc.]'s only holding is a membership interest in LLCs." Donziger's Response at 2. While that may be the case, Argyle Ventures, Inc. is itself a corporation and not an LLC. Section 56.061 specifically lists stock in corporations as property "subject to levy and sale under execution." Fla. Stat. § 56.061. Thus, section 605.0503(3) is not an impediment to the reissuance of the stock certificates in Argyle Ventures, Inc.1980 Amendment. The description of the property to be levied on has to be made general so it encompasses all property subject to execution under section 56.061, Florida Statutes (1979).1980 Amendment. The description of the property to be levied on has to be made general so it encompasses all property subject to execution under section 56.061, Florida Statutes (1979).However, the interest held by a member in a limited liability company is not subject to execution under Fla. Stat. § 56.061, and a judgment-creditor must, instead, seek a charging order against such interest. See Fla. Stat. § 605.0503(3)(except in the case of a limited liability company having only one member, see Fla. Stat. §§ 605.0503(4), (5), "a charging order is the sole and exclusive remedy by which a judgment creditor of a member or member's transferee may satisfy a judgment from the judgment debtor's interest in a limited liability company or rights to distributions from the limited liability company.").. . . levied on has to be made general so it encompasses all property subject to execution under section 56.061 . . .
. . . . § 55.202(c)(2) & § 56.061 Fla. Stat. (2015). . § 56.061 & § 605.0503 Fla. Stat. (2015). . . . .
. . . See § 56.061, Fla. Stat. (2014). . . .
. . . . § 56.061, which allows “stock in corporations” to be “subject to levy and sale under execution.” . . .
. . . . § 56.061. . . .
. . . Generally Available Creditor’s Remedy of Levy and Sale under Execution Section 56.061, Florida Statutes . . . At no point have the appellants contended that section 56.061 does not by its own terms extend to an . . . that the order challenged in the Eleventh Circuit did not comport with the requirements of section 56.061 . . . Since such an interest is freely and fully alienable by its owner, section 56.061 authorizes a judgment . . . CONCLUSION Section 608.433(4) does not displace the creditor’s remedy available under section 56.061 . . . property is generally an asset that may be levied upon by a judgment creditor under Florida law, see § 56.061 . . .
. . . lien against the lands of a judgment debtor before proceeding with the final process under section 56.061 . . .
. . . . § 56.061, which defines property that is subject to execution. . . . Stat. § 56.061, “Lands and tenements, goods and chattels, equities of redemption in real and personal . . . Stat. § 56.061 describes categories of items that are subject to levy, the statute gives no direction . . .
. . . . § 56.061, Fla. Stat. (2000). . . .
. . . be levied on has been made general so it encompasses all property subject to execution under section 56.061 . . .
. . . owner of real property previously owned by Diaz, but deeded to Plumhoff by sheriffs sale under section 56.061 . . . Plumhoff short-circuited the regular channel for such collections by proceeding directly under section 56.061 . . . necessary in this case before the sheriff was empowered to proceed with levy and sale under section 56.061 . . . Section 56.061 only describes the types of property which are subject to levy and sale under execution . . . perfect a lien against the lands of a judgment debtor before proceeding with final process under section 56.061 . . .
. . . . § 56.061 (West 1998); see also Spradley v. Martin, 897 F.Supp. 560, 566 (M.D.Fla.1995). . . .
. . . . § 56.061 (West 1994). . . .
. . . Section 56.061, Florida Statutes. . . .
. . . Section 56.061, Fla.Stat., entitled “Property subject to execution” provides: Lands and tenements, goods . . . This shall be done by making the levy on such personal property. 6 Fla.Stat. 56.061 (emphasis added). . . . Although § 56.061 specifies “stock in corporations” along with other categories of personal property, . . . Section 56.061, Fla. Stat. makes shares of stock leviable property. . . . Section 56.061, Fla.Stat. Execution creates a lien on such personal property. . . .
. . . The Luskins’ first claim that the order was improper because section 56.061, Florida Statutes (1989), . . . (1989), which defines the property that is subject to attachment, is precisely the same as section- 56.061 . . . attachment at law against the goods and chattels, lands and tenements of his debtor,” while section 56.061 . . . Unlike section 76.01, the list of items in section 56.061 does include certain papers and documents of . . .
. . . that such an award determined a priority of creditors conflicting with sections 55.10, 695.11, and 56.061 . . .
. . . . § 56.061 (1988). Sharp v. . . .
. . . (See § 56.061, et seq., Fla. Stat.). . . .
. . . See § 56.061, Florida Statutes (1967); See also, Hunt v. . . .
. . . See § 56.061, Florida Statutes (1967); see also Hunt v. . . .
. . . . §§ 56.061, 56.064 (Vernon 1972). . . .
. . . . § 56.061. . . .
. . . Semet, 316 So.2d 659 (Fla. 4th DCA 1975); § 56.061, Fla.Stat. (1983). See Evins v. . . .
. . . equity of redemption which was subject to levy and execution under a judgment, within the meaning of § 56.061 . . .
. . . be levied on has been made general so it encompasses all property subject to execution under section 56.061 . . .
. . . Florida Statute 56.061 describes property that is subject to execution: “Lands and tenements, goods, . . .
. . . The Florida statutes on which Peninsula and Willard were based, Florida Statutes 56.061, 56.09, and 56.11 . . .
. . . . § 56.061, and can only be reached by the appellee/plaintiff judgment creditor through a charging order . . . notice of sale, holding: “. . . that a partnership interest is property as defined in Florida Statute 56.061 . . .
. . . . § 56.061 (1973), thereby making his interest subject to levy and execution upon a judgment at law? . . . We have no doubt that the Florida Legislature has similarly employed the term in Fla.Stat. § 56.061 in . . . The vendee’s equity of redemption is thus subject to levy and execution under Fla.Stat. § 56.061. . . . an equity of redemption which was subject to levy and sale under execution pursuant to Fla.Stat. § 56.061 . . . Ma.Stat. § 56.061 (1973) provides: “Lands and tenements, goods and chattels, equities of redemption in . . .
. . . designating the property subject to levy and sale under execution to satisfy a judgment lien [now Section 56.061 . . .
. . . Florida Statutes 56.061, 56.09, 56.11, F.S.A. . . .