Florida Statutes
Fla. Stat. § 76.04 (2025)
Grounds when debt due.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1961–2025 · leading case: Hordis Bros., Inc. v. Sentinel Holdings, Inc., 562 So. 2d 715 (Fla. 3d DCA 1990).
Hordis Bros., Inc. v. Sentinel Holdings, Inc., 562 So. 2d 715 (Fla. 3d DCA 1990). “may issue on a conclusory allegation by the creditor that he believes in the existence of one of the grounds for attachment in Section 76.04, Florida Statutes... ." Id.”
Unique Caterers, Inc. v. Rudy's Farm Co., 338 So. 2d 1067 (Fla. 1976). “e Court the statute is constitutionally deficient in the following respects: the statute does not require that a judge issue the writ; [6] nor does it require a supporting affidavit when the debt is alleged to be due; [7] the writ, in such an instance, may issue on a conclusory…”
Cerna v. Swiss Bank Corp.(Overseas), SA, 503 So. 2d 1297 (Fla. 3d DCA 1987). “Cerna's primary contention here is that neither prejudgment attachment nor garnishment lie under the terms of the respective statutes, §§ 76.04, 77.031, Fla. Stat. (1985), because she is not herself presently a "debtor" of the plaintiff's.”
Future Tech Int'l, Inc. v. Tae Il Media, Ltd., 944 F. Supp. 1538 (S.D. Fla. 1996). “Fla.Stat. § 76.04. However, “[bjeeause of the extraordinary nature of attachment proceedings, the terms of the statute must be narrowly construed.”
Rodriguez v. Banco Indus. De Venezuela, CA, 576 So. 2d 870 (Fla. 3d DCA 1991). “Next, BIV filed a verified motion to attach the condominium unit pursuant to section 76.04, Florida Statutes (1989). BIV then filed a motion for an injunction against the transfer of other assets allegedly derived from the fraudulent activity.”
Frio Ice, SA v. SunFruit, 724 F. Supp. 1373 (S.D. Fla. 1989). “Frio Ice may be entitled to prejudgment attachment pursuant to the statutory grounds in Fla.Stat. § 76.04(1), (10) (1987), because it argues that defendants will fraudulently part with its property before judgment can be obtained against them, or because defendants are…”
Harris & Co. Advert., Inc. v. Repub. of Cuba, 127 So. 2d 687 (Fla. 3d DCA 1961). “Such proceedings are authorized for the attachment of goods and chattels, lands and tenements of the debtor whenever the debtor "(4) resides beyond the limits of the State," § 76.04(4), Fla. Stat., F.S.A.; and for the attachment by garnishment for any goods, money, chattels or…”
Robinson v. Loyola Found., Inc., 236 So. 2d 154 (Fla. 1st DCA 1970). “The statute under which the attachment was made provides as follows: "When the debt is actually due, the motion shall state the amount of the debt that is actually due, and that movant has reason to believe in the existence of one (1) or more of the special grounds in section…”
Fine v. Fine, 400 So. 2d 1254 (Fla. 5th DCA 1981). “See §§ 76.04, 76.05, Fla. Stat. (1979). Teresa may enforce her judgment against the fund if she properly proceeds to obtain a writ of garnishment under chapter 77, Florida Statutes.”
Transportes Aereos Mercantiles Panamericanos, S.A. v. Banco Cafetero, 451 So. 2d 932 (Fla. 3d DCA 1984). “See Section 76.04(2)(3) Florida Statutes (1983).”
In re Collins, 600 B.R. 108 (Bankr. M.D. Fla. 2019). “(2018) (prejudgment replevin); §§ 76.04, 76.05 Fla. Stat. (2018) (attachment); § 77.”
Papadakos v. Spooner, 186 So. 2d 786 (Fla. 3d DCA 1966). “ In cases where the debt is actually due, such affidavit shall state the amount of the debt or the sum demanded, that the same is actually due, and that affiant has reason to believe in the existence of one or more of the special grounds hereinbefore enumerated in § 76.04…”
— 76.04(1) — 1 case
Frio Ice, SA v. SunFruit, 724 F. Supp. 1373 (S.D. Fla. 1989). “Frio Ice may be entitled to prejudgment attachment pursuant to the statutory grounds in Fla.Stat. § 76.04(1), (10) (1987), because it argues that defendants will fraudulently part with its property before judgment can be obtained against them, or because defendants are…”
— 76.04(10) — 2 cases
Cerna v. Swiss Bank Corp.(Overseas), SA, 503 So. 2d 1297 (Fla. 3d DCA 1987). “Cerna's primary contention here is that neither prejudgment attachment nor garnishment lie under the terms of the respective statutes, §§ 76.04, 77.031, Fla. Stat. (1985), because she is not herself presently a "debtor" of the plaintiff's.”
Rodriguez v. Banco Indus. De Venezuela, CA, 576 So. 2d 870 (Fla. 3d DCA 1991). “Next, BIV filed a verified motion to attach the condominium unit pursuant to section 76.04, Florida Statutes (1989). BIV then filed a motion for an injunction against the transfer of other assets allegedly derived from the fraudulent activity.”
— 76.04(2) — 1 case
Hordis Bros., Inc. v. Sentinel Holdings, Inc., 562 So. 2d 715 (Fla. 3d DCA 1990). “may issue on a conclusory allegation by the creditor that he believes in the existence of one of the grounds for attachment in Section 76.04, Florida Statutes... ." Id.”
— 76.04(2)(3) — 1 case
Transportes Aereos Mercantiles Panamericanos, S.A. v. Banco Cafetero, 451 So. 2d 932 (Fla. 3d DCA 1984). “See Section 76.04(2)(3) Florida Statutes (1983).”
— 76.04(3) — 1 case
Hordis Bros., Inc. v. Sentinel Holdings, Inc., 562 So. 2d 715 (Fla. 3d DCA 1990). “may issue on a conclusory allegation by the creditor that he believes in the existence of one of the grounds for attachment in Section 76.04, Florida Statutes... ." Id.”
— 76.04(4) — 4 cases
Hordis Bros., Inc. v. Sentinel Holdings, Inc., 562 So. 2d 715 (Fla. 3d DCA 1990). “may issue on a conclusory allegation by the creditor that he believes in the existence of one of the grounds for attachment in Section 76.04, Florida Statutes... ." Id.”
Harris & Co. Advert., Inc. v. Repub. of Cuba, 127 So. 2d 687 (Fla. 3d DCA 1961). “Such proceedings are authorized for the attachment of goods and chattels, lands and tenements of the debtor whenever the debtor "(4) resides beyond the limits of the State," § 76.04(4), Fla. Stat., F.S.A.; and for the attachment by garnishment for any goods, money, chattels or…”
Rodriguez v. Banco Indus. De Venezuela, CA, 576 So. 2d 870 (Fla. 3d DCA 1991). “Next, BIV filed a verified motion to attach the condominium unit pursuant to section 76.04, Florida Statutes (1989). BIV then filed a motion for an injunction against the transfer of other assets allegedly derived from the fraudulent activity.”
Papadakos v. Spooner, 186 So. 2d 786 (Fla. 3d DCA 1966). “ In cases where the debt is actually due, such affidavit shall state the amount of the debt or the sum demanded, that the same is actually due, and that affiant has reason to believe in the existence of one or more of the special grounds hereinbefore enumerated in § 76.04…”
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