Florida Statute 76.04 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 76.04

Annotations, Discussions, Cases:

Cases Citing Statute 76.04

Total Results: 14

Frio Ice, SA v. SunFruit

724 F. Supp. 1373, 1989 WL 134940

District Court, S.D. Florida | Filed: Nov 6, 1989 | Docket: 1034132

Cited 17 times | Published

pursuant to the statutory grounds in Fla.Stat. § 76.04(1), (10) (1987), because it argues that defendants

Harris and Company Advertising, Inc. v. Republic of Cuba

127 So. 2d 687, 1961 Fla. App. LEXIS 2967

District Court of Appeal of Florida | Filed: Mar 2, 1961 | Docket: 415520

Cited 17 times | Published

"(4) resides beyond the limits of the State," § 76.04(4), Fla. Stat., F.S.A.; and for the attachment

Unique Caterers, Inc. v. Rudy's Farm Co.

338 So. 2d 1067, 1976 Fla. LEXIS 4561

Supreme Court of Florida | Filed: Sep 23, 1976 | Docket: 455377

Cited 15 times | Published

existence of one of the grounds for attachment in Section 76.04, Florida Statutes;[8] most seriously the statute

Robinson v. Loyola Foundation, Inc.

236 So. 2d 154

District Court of Appeal of Florida | Filed: Mar 17, 1970 | Docket: 456762

Cited 13 times | Published

of one (1) or more of the special grounds in section 76.04, Florida Statutes, stating specifically the

State v. Rios

409 So. 2d 241

District Court of Appeal of Florida | Filed: Feb 9, 1982 | Docket: 526210

Cited 10 times | Published

Ann. § 15.01 (Vernon 1974) Utah: Utah Code Ann. § 76-4-101(3) (1978); State v. Sommers, 569 P.2d 1110

Cerna v. Swiss Bank Corp.(Overseas), SA

503 So. 2d 1297, 12 Fla. L. Weekly 485

District Court of Appeal of Florida | Filed: Feb 10, 1987 | Docket: 932189

Cited 7 times | Published

disposing of his property" to avoid payment of a debt. § 76.04(10), Fla. Stat. (1985); see § 77.031, Fla. Stat

Papadakos v. Spooner

186 So. 2d 786

District Court of Appeal of Florida | Filed: May 17, 1966 | Docket: 533187

Cited 6 times | Published

the special grounds hereinbefore enumerated in § 76.04 stating specifically such special ground or grounds

Rodriguez v. Banco Indus. De Venezuela, CA

576 So. 2d 870, 1991 WL 35356

District Court of Appeal of Florida | Filed: Mar 19, 1991 | Docket: 1242809

Cited 2 times | Published

to attach the condominium unit pursuant to section 76.04, Florida Statutes (1989). BIV then filed a motion

Hordis Bros., Inc. v. Sentinel Holdings, Inc.

562 So. 2d 715, 1990 Fla. App. LEXIS 2867, 1990 WL 49827

District Court of Appeal of Florida | Filed: Apr 24, 1990 | Docket: 2490065

Cited 2 times | Published

within the meaning of the attachment statute. See § 76.04(2), (3), Fla. Stat. (1989). The affidavit also

Eric Lamaze v. Lorna M. Guthrie

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69998660

Published

did not allege a debt within the meaning of section 76.04, Florida Statutes (2022), nor were any of the

American Ass'n for the Advancement of Science v. Periodicals Publicacoes Tecnicas

581 F. Supp. 2d 1248, 2008 U.S. Dist. LEXIS 106984, 2008 WL 4514372

District Court, S.D. Florida | Filed: Sep 25, 2008 | Docket: 2366711

Published

grounds in s. 76.04...." The special grounds of Section 76.04 asserted by Plaintiffs permit attachment where

Papadopoulos v. SIDI

547 F. Supp. 2d 1262, 2008 U.S. Dist. LEXIS 32658, 2008 WL 1803768

District Court, S.D. Florida | Filed: Jan 3, 2008 | Docket: 2338912

Published

collection process. For example, Florida Statute section 76.04 limits the circumstances under which a creditor

Rosen v. Cascade International, Inc.

21 F.3d 1520

Court of Appeals for the Eleventh Circuit | Filed: Apr 11, 1994 | Docket: 64016902

Published

assets under the attachment statute, Fla.Stat.Ann. § 76.04-.05 (West 1987), provided that they can satisfy

Transportes Aereos Mercantiles Panamericanos, S.A. v. Banco Cafetero

451 So. 2d 932, 1984 Fla. App. LEXIS 13937

District Court of Appeal of Florida | Filed: Jun 5, 1984 | Docket: 64605463

Published

attachment and the second relates to garnishment. Section 76.-04 Florida Statutes (1983) reads as follows: 76