Florida Statute 76.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 76
ATTACHMENT

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F.S. 76.04

76.04 Grounds when debt due.—The creditor may have an attachment on a debt actually due to the creditor by his or her debtor, when the debtor:

(1) Will fraudulently part with the property before judgment can be obtained against him or her.

(2) Is actually removing the property out of the state.

(3) Is about to remove the property out of the state.

(4) Resides out of the state.

(5) Is actually moving himself or herself out of the state.

(6) Is about to move himself or herself out of the state.

(7) Is absconding.

(8) Is concealing himself or herself.

(9) Is secreting the property.

(10) Is fraudulently disposing of the property.

(11) Is actually removing himself or herself beyond the limits of the judicial circuit in which he or she resides.

(12) Is about to remove himself or herself out of the limits of such judicial circuit.

History.—s. 1, ch. 998, 1859; s. 2, ch. 1101, 1861; RS 1637; GS 2101; RGS 3402; CGL 5255; s. 26, ch. 67-254; s. 371, ch. 95-147.

F.S. 76.04 on Google Scholar

F.S. 76.04 on Casetext

Amendments to 76.04

Arrestable Offenses / Crimes under Fla. Stat. 76.04

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 76.04.

Annotations, Discussions, Cases:

Cases Citing Statute 76.04

Total Results: 20

CITY OF PEMBROKE PINES v. CORRECTIONS CORPORATION OF AMERICA, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-29T00:00:00-07:00

Citation: 274 So. 3d 1105

Snippet: through its conduct. Id. at 1175–76. 4 .... Applying Allen’s

LENOS TRIGEORGIS v. GEORGE TRIGEORGIS

Court: Fla. Dist. Ct. App. | Date Filed: 2018-03-28T00:53:00-07:00

Snippet: of $12,093.54 ($11,587.78 at 6% and $505.76 at 4.75%), and at the rate of 8% from October

ANNE OBOLENSKY v. CHATSWORTH AT WELLINGTON GREEN d/b/a NUVISTA LIVING, ETC.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-02-27T23:53:00-08:00

Snippet: punitive damages. Id. at 475-76. 4 In the instant case, the severance

Conlin v. Conlin

Court: Fla. Dist. Ct. App. | Date Filed: 2017-03-01T00:00:00-08:00

Citation: 212 So. 3d 487, 2017 WL 788392, 2017 Fla. App. LEXIS 2725

Snippet: former husband’s net income was ‘between $4,879.76 and $4,754.76.’ This finding is not supported by the

Humana Medical Plan, Inc. v. Reale

Court: Fla. Dist. Ct. App. | Date Filed: 2015-12-02T00:00:00-08:00

Citation: 180 So. 3d 195, 2015 Fla. App. LEXIS 17999, 2015 WL 7740380

Snippet: reimbursement. Pursuant to the formula in section 768.76(4), Florida Statutes, for calculating the amount of…Humana’s right to reimbursement. . Section,. 768.76(4) provides a .formula for calculating the amount

Humana Medical Plan, Inc. v. Reale

Court: Fla. Dist. Ct. App. | Date Filed: 2015-12-01T23:53:00-08:00

Snippet: reimbursement. Pursuant to the formula in section 768.76(4), Florida Statutes, for calculating the amount of…right to reimbursement. Section 768.76(4) provides a formula for calculating the amount

Perez-Riva v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-11-26T00:00:00-08:00

Citation: 152 So. 3d 98, 2014 Fla. App. LEXIS 19369, 2014 WL 6675919

Snippet: postconviction relief. Mr. Perez-Riva is serving a 76.4-month prison sentence after a jury convicted him

Vanzant v. Vanzant

Court: Fla. Dist. Ct. App. | Date Filed: 2011-08-15T00:00:00-07:00

Citation: 82 So. 3d 991, 2011 Fla. App. LEXIS 12794, 2011 WL 3558151

Snippet: husband's net income was "between $4,879.76 and $4,754.76." This finding is not supported by

Werner Enterprises, Inc. v. Freddy's 76

Court: Fla. Dist. Ct. App. | Date Filed: 2011-05-04T00:53:00-07:00

Citation: 61 So. 3d 1135

Snippet: Werner Enterprises, Inc. v. Freddy's 76 4 May 2011 61 So. 3d 1135 Published 5d0cb65f09783eeb594303f63206e007c9dbd846

INGENIX v. Ham

Court: Fla. Dist. Ct. App. | Date Filed: 2010-05-05T00:00:00-07:00

Citation: 35 So. 3d 949, 2010 Fla. App. LEXIS 6150, 2010 WL 1780012

Snippet: in section 768.76(4), Florida Statutes (2008). We must decide whether section 768.76(4) applies to limit…section 768.76(4) because the uninsured motorist carrier is not a tortfeasor under section 768.76(4). The health…case of such a settlement. We hold that section 768.76(4) controls, and we affirm the final order of the …UnitedHealthcare's reimbursement under section 768.76(4). In 2004, Ham suffered complications from an elective… that under the formula set forth in section 768.76(4), the Estate owed UnitedHealthcare only $81,660

Osler v. Collins

Court: Fla. Dist. Ct. App. | Date Filed: 2003-11-13T23:53:00-08:00

Citation: 870 So. 2d 65

Snippet: contains a right of reimbursement, section *68 768.76(4) controls. Under that subsection, a provider'…Collins. Instead of proceeding under section 768.76(4), quoted above, the court apparently applied section…The difference between section 768.76(1) and 768.76(4) is that the former adjusts the claimant's damages…. from all collateral sources"), with § 768.76(4) (stating a collateral source provider's "…correct calculation in this case. Under section 768.76(4), which applies here, Osler was entitled to her

Goble v. Frohman

Court: Fla. Dist. Ct. App. | Date Filed: 2003-06-25T00:53:00-07:00

Citation: 848 So. 2d 406

Snippet: subrogated by the insurer. See §§ 641.31(8), 768.76(4), Fla. Stat. (1999). Awarding an injured party damages… and attorney's fees. See §§ 641.31(8), 768.76(4), Fla. Stat. (1999). [2] Although section 768.76

Frasher v. Fox Distributing of S.W. Florida, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2002-04-05T00:00:00-08:00

Citation: 813 So. 2d 1017, 2002 Fla. App. LEXIS 4462, 2002 WL 507167

Snippet: 76.09, 76.10, and 76.11, together with sections 76.04, 76.05, and 76.07, set forth what actions of the

Franqui v. State

Court: Fla. | Date Filed: 2001-10-18T00:53:00-07:00

Citation: 804 So. 2d 1185

Snippet: Instructions (Criminal Cases), Offense Instruction 76.4 (Eleventh Circuit District Judges Ass'n 1997

Marshall-Shaw v. Ford

Court: Fla. Dist. Ct. App. | Date Filed: 2000-03-15T00:00:00-08:00

Citation: 755 So. 2d 162

Snippet: tort, citing the provisions of sections 77.02 and 76.04, Florida Statutes, for support. She argues that

Provident Life & Accident Insurance v. Lewis

Court: Fla. Dist. Ct. App. | Date Filed: 1998-04-01T00:00:00-08:00

Citation: 709 So. 2d 587, 1998 Fla. App. LEXIS 3177, 1998 WL 145010

Snippet: calculate what is due to Provident. Section 768.76(4) provides in pertinent part: A provider of collateral

Travelers v. Boyles

Court: Fla. Dist. Ct. App. | Date Filed: 1996-07-03T00:53:00-07:00

Citation: 679 So. 2d 1188

Snippet: is not entitled to reimbursement is section 768.76(4), Florida Statutes (1993), which provides in part

Humana Health Plans v. Lawton

Court: Fla. Dist. Ct. App. | Date Filed: 1996-05-31T00:53:00-07:00

Citation: 675 So. 2d 1382

Snippet: accordance with subsection 768.76(4), Florida Statutes. Under subsection 768.76(4), a provider of collateral

Magsipoc v. Larsen

Court: Fla. Dist. Ct. App. | Date Filed: 1994-07-08T00:53:00-07:00

Citation: 639 So. 2d 1038

Snippet: on these findings the court applied section 768.76(4), Florida Statutes (1991), and prorated a share … paid all of those expenses in full. Section 768.76(4) expressly contemplates a prorate recovery for the…undifferentiated recovery pursuant to *1043 section 768.76(4) is not clear.[8] The common law rule likely would…of equitable distribution pursuant to section 768.76(4). However, the court failed to specifically find

Rodriguez v. Banco Indus. De Venezuela, CA

Court: Fla. Dist. Ct. App. | Date Filed: 1991-03-18T23:53:00-08:00

Citation: 576 So. 2d 870

Snippet: creditors, § 76.04(10), Fla. Stat. (1989); that Carlos Rodriguez resides out of state, § 76.04(4), Fla. Stat…attach the condominium unit pursuant to section 76.04, Florida Statutes (1989). BIV then filed a motion…The verified motion was sufficient under section 76.04, Florida Statutes, and is supported by the record