Florida Statute 56.16 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 56
FINAL PROCESS

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F.S. 56.16

56.16 Executions; claims of third parties to property levied on.—If any person, including a person to whom a Notice to Appear has been issued pursuant to s. 56.29(2), other than the judgment debtor claims any property levied on, he or she may obtain possession of the property by filing with the officer having the execution an affidavit by the claimant, or the claimant’s agent or attorney, that the property claimed belongs to the claimant and by furnishing the officer a bond with surety to be approved by the officer in favor of the judgment creditor in double the value of the goods claimed as the value is fixed by the officer and conditioned to deliver said property on demand of said officer if it is adjudged to be the property of the judgment debtor and to pay the judgment creditor all damages found against the claimant if it appears that the claim was interposed for the purpose of delay.

History.—s. 9, Feb. 17, 1833; s. 1, Mar. 16, 1844; RS 1197; GS 1626; RGS 2830; CGL 4517; s. 11, ch. 67-254; s. 302, ch. 95-147; s. 10, ch. 2016-33.

Note.—Former s. 55.39.

F.S. 56.16 on Google Scholar

F.S. 56.16 on Casetext

Amendments to 56.16

Arrestable Offenses / Crimes under Fla. Stat. 56.16

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 56.16.

Annotations, Discussions, Cases:

Cases Citing Statute 56.16

Total Results: 20

Young Bock Shim v. Frederick F. Buechel, etc.

Court: Fla. | Date Filed: 2022-05-26T00:53:00-07:00

Snippet: entry of money judgments as provided in ss. 56.16-56.19 against any person to whom a Notice to …applicable rules of civil procedure. Sections 56.16-56.20 apply to any order issued under this

JOHN G. MCGREGOR v. FOWLER WHITE BURNETT, P.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-30T23:53:00-08:00

Snippet: judgments as provided in ss. 56.16-56.19 . . . .” (Emphasis added). Sections 56.16-56.19 outline the process… levy or Notice to Appear may proceed under ss. 56.16- 56.20. § 56.29(3)(b), Fla. Stat. (2018) …entry of money judgments as provided in [sections] 56.16-56.19 against any person to whom a Notice to Appear…entry of money judgments as provided in ss. 56.16-56.19 against any person to whom a Notice …applicable rules of civil procedure. Sections 56.16-56.20 apply to any order issued under this

In Re: Amendments to Florida Rule of Civil Procedure 1.570 and Form 1.914

Court: Fla. | Date Filed: 2018-05-31T00:00:00-07:00

Citation: 244 So. 3d 1009

Snippet: officer a bond with surety, as set forth in section 56.16, Florida Statutes. See generally

Tootie Discount Palace, LLC v. PTX Performance Products, Inc., Huy International, Inc., and Global Brand Closeout, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-06T00:00:00-07:00

Citation: 187 So. 3d 960, 2016 Fla. App. LEXIS 5299

Snippet: 2015). Here, Appellant had available to it section 56.16, Florida Statutes (2015), which provides that “any

BIEL REO, LLC v. Barefoot Cottages Development etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2014-12-11T00:00:00-08:00

Citation: 156 So. 3d 506

Snippet: person aggrieved by the levy may proceed under ss. 56.16-56.20. 2 .Effective July 1, 2014,

White v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-10-14T00:00:00-07:00

Citation: 21 So. 3d 77, 2009 Fla. App. LEXIS 15574, 2009 WL 3275897

Snippet: sentence and ordered restitution in the amount of $390,056.16. The appellant argues that the trial court committed

Sanchez v. Century Everglades, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2006-12-13T00:00:00-08:00

Citation: 946 So. 2d 563

Snippet: affidavit with the county sheriff, pursuant to sections 56.16-56.20, Florida Statutes (2005), asserting that the…after property has been levied upon. See Section 56.16, Florida Statutes (2005). Here, Sanchez properly

Manning v. STATE OF UNEMPLOYMENT APPEALS COMMISSION

Court: Fla. Dist. Ct. App. | Date Filed: 2001-06-13T00:53:00-07:00

Citation: 787 So. 2d 954

Snippet: 1981) (indicating that a reduction in hours from 56 to 16 hours per week warranted a finding of good cause

Ago

Court: Fla. Att'y Gen. | Date Filed: 2000-04-25T00:53:00-07:00

Snippet: Uniform Building Code." (e.s.) Section 228.056(16), Florida Statutes, however, provides that a charter

Ferraro v. Mazurek

Court: Fla. Dist. Ct. App. | Date Filed: 1993-07-09T00:00:00-07:00

Citation: 621 So. 2d 532, 1993 Fla. App. LEXIS 7306, 1993 WL 247123

Snippet: entitle her to notice of the sheriff’s sale. See §§ 56.16, 56.21, Fla.Stat. (1991); see generally Coe v. Armour

Edward C. Tietig, Pa v. Southeast Reg. Const. Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1993-04-21T00:53:00-07:00

Citation: 617 So. 2d 761

Snippet: , individually, sought protection under section 56.16, et. seq., Florida Statutes. [2] We look with disfavor

Exceletech, Inc. v. Williams

Court: Fla. Dist. Ct. App. | Date Filed: 1991-05-16T00:53:00-07:00

Citation: 579 So. 2d 850

Snippet: person aggrieved by the levy may proceed under ss. 56.16-56.20. Ehmann concluded that, in order for a trial

Spiegel v. Williams

Court: Fla. | Date Filed: 1989-07-06T00:53:00-07:00

Citation: 545 So. 2d 1360

Snippet: Rhodes, Couch Cyclopedia of Insurance Law §§ 56:10, 56:16 (rev. ed. 1983). Therefore, the result reached by

Jacksonville Bulls Football, Ltd. v. Blatt

Court: Fla. Dist. Ct. App. | Date Filed: 1988-12-12T23:53:00-08:00

Citation: 535 So. 2d 626

Snippet: person aggrieved by the levy may proceed under ss. 56.16-56.20." [3] The proceeds of the sale to International

Boyd v. Panama City Boat Yard, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1988-04-07T00:00:00-07:00

Citation: 522 So. 2d 1058, 13 Fla. L. Weekly 894, 1988 Fla. App. LEXIS 1452, 1988 WL 31729

Snippet: automobile. In a proceeding held pursuant to Sections 56.16 through 56.18, Florida Statutes, which provide for

Law Offices of Harold Silver, P.A. v. Farmers Bank & Trust Co. of Kentucky

Court: Fla. Dist. Ct. App. | Date Filed: 1986-12-03T00:00:00-08:00

Citation: 498 So. 2d 984, 11 Fla. L. Weekly 2550, 1986 Fla. App. LEXIS 11257

Snippet: automobile. Following the procedure set out in Sections 56.16 through 56.18, Florida Statutes, a hearing was conducted

Harold Silver, PA v. FARMERS B & T.

Court: Fla. Dist. Ct. App. | Date Filed: 1986-12-02T23:53:00-08:00

Citation: 498 So. 2d 984

Snippet: automobile. Following the procedure set out in Sections 56.16 through 56.18, Florida Statutes, a hearing was conducted

Mann v. GCC Beverages, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1986-06-20T00:00:00-07:00

Citation: 490 So. 2d 184, 11 Fla. L. Weekly 1390, 1986 Fla. App. LEXIS 8437

Snippet: section 56.16, but he asserted inability to post the bond required by that statute. Section 56.-16 specifically… process. Section 56.16 is part of a legislative scheme, encompassing sections 56.16 through 56.20, Florida…on authorized motion. Appellant contends section 56.16, Florida Statutes (1983), which requires a bond …noted that appellant’s proper remedy was section 56.16. At the hearing appellant failed to raise any constitutional…constitutional issue presented here as to section 56.16. The circuit court denied the petition. Appellant

Finlayson v. Broward County

Court: Fla. Dist. Ct. App. | Date Filed: 1985-05-01T00:53:00-07:00

Citation: 471 So. 2d 67

Snippet: " hourly wage is $13,207 divided by 2,920 (56.16 hours per week multiplied by 52 weeks), which comes

Neff v. Adler

Court: Fla. Dist. Ct. App. | Date Filed: 1982-07-21T00:53:00-07:00

Citation: 416 So. 2d 1240

Snippet: person aggrieved by the levy may proceed under ss. 56.16-56.20. ... . (9) The Court may enter any orders