Florida Statutes

Fla. Stat. § 56.12 (2025)

Executions; levy, forthcoming bond.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 4 cases, 1959–1974 · leading case: Fed. Deposit Ins. Corp. v. Sumner Fin. Corp., 376 F. Supp. 772 (M.D. Fla. 1974).

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Fed. Deposit Ins. Corp. v. Sumner Fin. Corp., 376 F. Supp. 772 (M.D. Fla. 1974). “Sumner candidly admits that the customers who purchase certificates of deposit from banks around the country at Sumner’s request have many times never heard of the bank issuing the certificate until after Sumner approaches them and suggests the deposit.”

Greer v. Workman, 203 So. 2d 665 (Fla. 4th DCA 1967). “, § 56.12, p. 2241. The Supreme Court of Florida in referring to federal rule 56 in Carpineta v.”

Cent. & S. Florida Flood Control Dist. v. Dupuis, 109 So. 2d 596 (Fla. 3d DCA 1959). “2d 495 , 497; 6 Moore, Federal Practice, § 56.12 (2d ed. 1953). Cf. Palm Beach Estates v.”

Marvin Mitchell Studio, Inc. v. Al R. McFadyen Assocs., Inc., 229 So. 2d 608 (Fla. 2d DCA 1969). “McFad-yen then regained possession of the property with a forthcoming bond issued pursuant to Section 56.12, Fla.Stat., F.S.A. The issuance of the bond was conditioned upon appellee’s “have[ing] said property forthcoming at the courthouse” in Sarasota County on the day of the…”

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