Florida Statute 76.05 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 76
ATTACHMENT

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F.S. 76.05

76.05 Grounds when debt not due.—Any creditor may have an attachment on a debt not due, when the debtor:

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

(2) Is fraudulently disposing of the property to avoid the payment of his or her debts.

(3) Is fraudulently secreting the property to avoid payment of his or her debts.

History.—s. 1, Feb. 14, 1835; RS 1638; s. 1, ch. 5257, 1903; GS 2102; RGS 3403; CGL 5256; s. 26, ch. 67-254; s. 372, ch. 95-147.

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Amendments to 76.05

Annotations, Discussions, Cases:

Cases Citing Statute 76.05

Total Results: 12

Tillman v. State

934 So. 2d 1263, 2006 WL 1837903

Supreme Court of Florida | Filed: Jul 6, 2006 | Docket: 1460659

Cited 56 times | Published

execution of his official duty"); Utah Code Ann. § 76-5-102.4(1) (2005) (imposing a Class A misdemeanor

Warren Publishing, Inc., Counter-Defendant v. Microdos Data Corp. Robert Payne, Counter-Claimants

115 F.3d 1509, 43 U.S.P.Q. 2d (BNA) 1065, 1997 U.S. App. LEXIS 13649, 1997 WL 308837

Court of Appeals for the Eleventh Circuit | Filed: Jun 10, 1997 | Docket: 593632

Cited 47 times | Published

to subscribers “within a community.” 47 C.F.R. § 76.5(a). Also, it defines a “cable television system”

United States v. Tham

118 F.3d 1501, 1997 U.S. App. LEXIS 21145, 1997 WL 416910

Court of Appeals for the Eleventh Circuit | Filed: Aug 11, 1997 | Docket: 421261

Cited 26 times | Published

125.25; Or.Rev. Slat. § 163.115; Utah Code Ann. § 76-5-203; Wash. Rev.Code § 9A.32.030. Significantly

Brennan v. State

754 So. 2d 1, 1999 WL 506966

Supreme Court of Florida | Filed: Jul 8, 1999 | Docket: 471982

Cited 20 times | Published

court)); Utah (see Utah Code Ann. § 76-3-206 (1995), § 76-5-202 (Supp.1998); see also Utah Code Ann. § 78-3a-601

State v. Hubbard

751 So. 2d 552, 1999 WL 1211589

Supreme Court of Florida | Filed: Dec 16, 1999 | Docket: 1712551

Cited 19 times | Published

vehicle in a negligent manner." Utah Code Ann. § 76-5-207(1)(a) (1999). [16] The South Carolina statute's

Niesz v. Gehris

418 So. 2d 445

District Court of Appeal of Florida | Filed: Aug 25, 1982 | Docket: 66369

Cited 2 times | Published

[4] As to attachment before debt is due, see section 76.05, Florida Statutes (1981); as to garnishment

Eric Lamaze v. Lorna M. Guthrie

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

Published

Statutes (2022), nor were any of the grounds in section 76.05, Florida Statutes (2022), established for prejudgment

Marken Leger v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit | Filed: May 20, 2024 | Docket: 67993862

Published

Argued: Nov 9, 2023

011(e) (1994) (three years); Utah Code Ann. § 76-5-406(11) (1992) (three years); Wash. Rev. Code §

Warren Publishing v. Microdos Data

Court of Appeals for the Eleventh Circuit | Filed: May 23, 1995 | Docket: 2191339

Published

subscribers "within a community." 47 C.F.R. § 76.5(a). Also, it defines a "cable television

Warren Publishing v. Microdos Data

Court of Appeals for the Eleventh Circuit | Filed: May 23, 1995 | Docket: 210491

Published

subscribers "within a community." 47 C.F.R. § 76.5(a). Also, it defines a "cable television

Clark v. Flagship Bank of Melbourne, N. A.

368 So. 2d 377, 1979 Fla. App. LEXIS 14067

District Court of Appeal of Florida | Filed: Feb 14, 1979 | Docket: 64568997

Published

attachment was issued and executed pursuant to Section 76.05, Florida Statutes (1967), and plaintiff’s property

Dans v. Gran Habana Restaurant & Lounge, Inc.

244 So. 2d 157, 1971 Fla. App. LEXIS 6976

District Court of Appeal of Florida | Filed: Feb 16, 1971 | Docket: 64518766

Published

their property out of the state. Florida Statutes § 76.05(1), F.S.A. provides “Any creditor may have an attachment