Florida Statutes

Fla. Stat. § 56.061 (2025)

Property subject to execution.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 32 cases (4 in the last 5 years), 1971–2024 · leading case: Olmstead v. Fed. Trade Comm'n, 44 So. 3d 76 (Fla. 2010).

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Olmstead v. Fed. Trade Comm'n, 44 So. 3d 76 (Fla. 2010). · cites it 28× “(2008), and personal property is generally an asset that may be levied upon by a judgment creditor under Florida law, see § 56.061, Fla. Stat. (2008), there are statutory restrictions in the LLC context.”

Hoffman v. Semet, 316 So. 2d 649 (Fla. 4th DCA 1975). · cites it 10× “The instant case presents the following question: does a vendee in possession under an agreement for deed, after default and before relinquishing possession to the vendor, have an equity of redemption within the meaning of Fla. Stat. § 56.061 (1973), [1] thereby making his…”

Burshan v. Nat'l Union Fire Ins. Co. of Pittsburgh, Pa., 805 So. 2d 835 (Fla. 4th DCA 2001). · cites it 2× “§ 56.061, Fla. Stat. (2000). The lien of an execution attaches to personal property when the execution is delivered to the sheriff; the date of "delivery to the sheriff establishes the priority of execution liens for levy, sale and collection.”

In re Bos, 561 B.R. 868 (Bankr. N.D. Fla. 2016). · cites it 3× “202(c)(2) & § 56.061 Fla. Stat. (2015). . § 56.061 & § 605.”

Hastings v. Furr, 177 B.R. 723 (S.D. Fla. 1995). · cites it 8× “6 Fla.Stat. 56.061 (emphasis added). Section 678.”

Florida Bar, 391 So. 2d 165 (Fla. 1980). · cites it 2× “WITNESS my hand-and-fche-seal- of-this court DATED on_, 19_ (Name of Clerk) As Clerk of the Court By- As Deputy Clerk Committee Note The description of the property to be levied on has been made general so it encompasses all property subject to execution under section 56.061,…”

Amendments to the Florida Rules of Civil Procedure, 773 So. 2d 1098 (Fla. 2000). · cites it 2× “The description of the property to be levied on has been made general so it encompasses all property subject to execution under section 56.061, Florida Statutes (1979). FORM 1.”

In Re: Amendments to Florida Rule of Civil Procedure 1.570 & Form 1.914, 244 So. 3d 1009 (Fla. 2018). · cites it 2× “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). 2018 Adoption.”

Myrick v. Second Nat'l Bank of Clearwater, 335 So. 2d 343 (Fla. 2d DCA 1976). · cites it 2× “They contend their rights in the partnership and its property are not subject to levy under Fla. Stat. § 56.061 , and can only be reached by the appellee/plaintiff judgment creditor through a charging order under Fla.”

Matter of Geoghegan, 101 B.R. 329 (Bankr. M.D. Fla. 1989). · cites it 2× “Section 522(b)(2)(B) provides, any interest in property in which the debtor had, immediately before the commencement of the ease, an interest as a tenant by the entirety or joint tenant to the extent that such interest as a tenant by the entirety or joint tenant is *331 exempt…”

Accent Realty v. Crudele, 496 So. 2d 158 (Fla. 3d DCA 1986). · cites it 2× “4th DCA 1975); § 56.061, Fla. Stat. (1983). See Evins v.”

Alejandre v. Repub. of Cuba, 42 F. Supp. 2d 1317 (S.D. Fla. 1999). · cites it 2× “See Fla.Stat.Ann. § 56.061 (West 1998); see also Spradley v.”

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