Florida Statutes
Fla. Stat. § 56.16 (2025)
Executions; claims of third parties to property levied on.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 19
cases (4 in the last 5 years), 1974–2025 · leading case: Keith Stansell v. Revolutionary Armed Forces of Columbia, (FARC), 771 F.3d 713 (11th Cir. 2014).
Keith Stansell v. Revolutionary Armed Forces of Columbia, (FARC), 771 F.3d 713 (11th Cir. 2014). “”); Fla. Stat. § 56.16 (outlining procedure for third-party claimants to halt an execution sale); Fla.”
Love v. Allis-Chalmers Corp., 362 So. 2d 1037 (Fla. 4th DCA 1978). “On May 13, 1976, Love then sought relief in the Federal District Court seeking to enjoin a sale pursuant to the levy, and asserting the unconstitutionality of Section 56.16, Florida Statutes (1975). When Love's application for temporary injunction was denied he posted a bond on…”
Sanchez v. Century Everglades, LLC, 946 So. 2d 563 (Fla. 3d DCA 2006). “See Section 56.16, Florida Statutes (2005). Here, Sanchez properly asserted his third-party rights in proceedings supplementary, prior to any levy on the property.”
In Re: Amendments to Florida Rule of Civil Procedure 1.570 & Form 1.914, 244 So. 3d 1009 (Fla. 2018). “If the claimant's property has already been levied upon, he or she may obtain possession of the property by filing with the officer having the execution a copy of this affidavit and by furnishing the officer a bond with surety, as set forth in section 56.16, Florida Statutes.…”
In Re Saunders, 101 B.R. 303 (Bankr. N.D. Fla. 1989). “*304 Any person aggrieved by the levy may proceed under §§ 56.16-56.20. 1 On December 28, 1988, before the initiation of this Chapter 7 case on February 7, 1989, the judge ruled from the bench that the third parties were liable to Professional in the amount of 0,000.”
Bally Case & Cooler, Inc. v. H. Kaiser Assocs., Inc., 514 F. Supp. 352 (S.D. Fla. 1981). “Plaintiff contends that Fla.Stat. § 56.16 1 is applicable and that it provides the exclusive remedy available to a third party claiming ownership of seized property.”
Int'l Harvest. Cr. v. Am. Nat. Bk., 296 So. 2d 32 (Fla. 1974). “There does not appear to be any "third party claimant" statutory provision available in replevin, as is the case in attachment wherein F.”
Mission Bay Campland, Inc. v. Sumner Fin. Corp., 71 F.R.D. 432 (M.D. Fla. 1976). “Any person aggrieved by the levy may proceed under §§ 56.16-56.20. (7) At any time the court may refer the proceeding to a master who may be directed to report findings of law or fact, or both.”
Edward C. Tietig, Pa v. Se. Reg. Const. Corp., 617 So. 2d 761 (Fla. 4th DCA 1993). “Quinn, individually, sought protection under section 56.16, et. seq., Florida Statutes.”
Budget Landscape Nursery, Inc. v. McMillin Investors New York Corp., 343 So. 2d 640 (Fla. 4th DCA 1977). “Section 56.16, Florida Statutes (1976), provides that a third party claimant (such as appellee) to property levied on may obtain possession of the property by filing an affidavit that the property belongs to him and by posting a bond in favor of the judgment creditor.”
Com. Bank of Okeechobee v. Proctor, 349 So. 2d 710 (Fla. 1st DCA 1977). “By its suggestion, the Bank, after basically alleging the facts recited above, concluded that Section 56.16, 4 Florida Statutes, provides a sole and exclusive remedy for third parties claiming ownership in property levied upon pursuant to that statute.”
Kearney Constr. Co., LLC v. Travelers Cas. & Sur. Co. of Am. (M.D. Fla. 2020). “§ 56.16 . This requirement applies to property which has been levied on and which is not in the third party’s possession.”
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