Florida Statutes
Fla. Stat. § 76.05 (2025)
Grounds when debt not due.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1971–2025 · leading case: Niesz v. Gehris, 418 So. 2d 445 (Fla. 5th DCA 1982).
Niesz v. Gehris, 418 So. 2d 445 (Fla. 5th DCA 1982). “[4] As to attachment before debt is due, see section 76.05, Florida Statutes (1981); as to garnishment before judgment, see section 77.”
Eric Lamaze v. Lorna M. Guthrie (Fla. 4th DCA 2025). “04, Florida Statutes (2022), nor were any of the grounds in section 76.05, Florida Statutes (2022), established for prejudgment writs when no debt was due.”
Dans v. Gran Habana Restaurant & Lounge, Inc., 244 So. 2d 157 (Fla. 3d DCA 1971). “Florida Statutes § 76.05(1), F.S.A. provides “Any creditor may have an attachment on a debt not due, when the debtor: (1) Is actually removing his property out of the state * * * ” The points presented upon this interlocutory appeal do not present reversible error.”
Clark v. Flagship Bank of Melbourne, N. A., 368 So. 2d 377 (Fla. 4th DCA 1979). “Thereafter a writ of attachment was issued and executed pursuant to Section 76.05, Florida Statutes (1967), and plaintiff’s property remained attached under legal process until 1976, when the plaintiff prevailed in a trial of the conversion action.”
— 76.05(1) — 1 case
Dans v. Gran Habana Restaurant & Lounge, Inc., 244 So. 2d 157 (Fla. 3d DCA 1971). “Florida Statutes § 76.05(1), F.S.A. provides “Any creditor may have an attachment on a debt not due, when the debtor: (1) Is actually removing his property out of the state * * * ” The points presented upon this interlocutory appeal do not present reversible error.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.