Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 76.07 | Lawyer Caselaw & Research
F.S. 76.07 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 76.07

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 76
ATTACHMENT
View Entire Chapter
F.S. 76.07
76.07 Attachment in aid of foreclosure.Any creditor who is commencing or has commenced an action to foreclose a mortgage on personal property may have an attachment against the property, when the creditor has reason to believe and does believe that:
(1) The property or part of it will be concealed or disposed of so that it will not be forthcoming to answer a judgment on foreclosure.
(2) The property or part of it will be removed beyond the jurisdiction of the court.
(3) The property or part of it is of a perishable character and is being used and consumed by the mortgagor or other parties.
(4) The property or part of it has been disposed of without the consent of the party holding the mortgage, and stating who has the property, if known and if not known, that he or she does not know who has it.
History.s. 6, Dec. 11, 1824; RS 1640; GS 2104; RGS 3405; s. 1, ch. 8477, 1921; CGL 5258; s. 26, ch. 67-254; s. 373, ch. 95-147.

F.S. 76.07 on Google Scholar

F.S. 76.07 on Casetext

Amendments to 76.07


Arrestable Offenses / Crimes under Fla. Stat. 76.07
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 76.07.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE SPENCE, E. v. L. L. D. S. C. N. LLC,, 554 B.R. 467 (B.A.P. 8th Cir. 2016)

. . . P. 76.07. . . . P. 76.07. . . .

IN RE SPENCE, v., 545 B.R. 280 (Bankr. W.D. Mo. 2016)

. . . P. 76.07. . Mo, R. Civ. P. 76.075(a) (emphasis added). . . .

ALCAN FOOD PACKAGING SHELBYVILLE v. UNITED STATES,, 929 F. Supp. 2d 1338 (Ct. Int'l Trade 2013)

. . . -7410-1 (2012) (Explanatory Note to Heading 74.10 (copper foil) applies mutatis mutandis to Heading 76.07 . . .

J. PAGAN, v. FRUCHEY, 492 F.3d 766 (6th Cir. 2007)

. . . of Ordinances § 72.044 (1960); Toledo, Ohio, Municipal Code § 351.07 (1997); The Ohio Basic Code § 76.07 . . . (1982) Reminderville, § 351.06 (1990) Reynoldsburg, § 351.06 Richmond Heights, § 351.06 Riverlea, § 76.07 . . . 452.08 (2000) Stow, § 351.06 Summit County, § 351.06 Tallmadge, § 351.06 Tiffin, § 351.06 Tipp City, § 76.07 . . . Heights, § 452.09 Upper Sandusky, § 351.06 Valley View, § 452.09 (1965) Vandalia, § 452.09 Van Wert, § 76.07 . . . Woodville, § 351.06 Wooster, § 351.06 Worthington, § 351.06 Youngstown, § 351.06 The Ohio Basic Code, § 76.07 . . .

D. FRASHER, v. FOX DISTRIBUTING OF S. W. FLORIDA, INC., 813 So. 2d 1017 (Fla. Dist. Ct. App. 2002)

. . . Sections 76.09, 76.10, and 76.11, together with sections 76.04, 76.05, and 76.07, set forth what actions . . .

In COLLINS,, 234 B.R. 88 (Bankr. W.D. Mo. 1999)

. . . self-explanatory, Missouri law also provides that “[a] levy creates a lien upon personal property,” V.A.M.R. 76.07 . . .

FOX RIVER VALLEY RAILROAD CORPORATION v. DEPARTMENT OF REVENUE OF STATE OF WISCONSIN D. W., 863 F. Supp. 893 (E.D. Wis. 1994)

. . . Specifically, Fox River Rail claims that DOR did not follow the specifications stated in Wisconsin Statute § 76.07 . . . sovereign immunity to claims in federal court that Wisconsin inappropriately applied Wisconsin Statute § 76.07 . . .

In FORREST, J. CHECKETT, v. STEFFENS, E., 146 B.R. 238 (Bankr. W.D. Mo. 1992)

. . . . § 358.260 (interest in partnership is personal property); Mo.R.Civ.Proc. 76.07 (1992) (levy creates . . .

In S. WILSON, RELIANCE INSURANCE COMPANY, v. S. WILSON,, 127 B.R. 440 (Bankr. E.D. Mo. 1991)

. . . The terms fraud and defalcation are compared at 4 Collier Bankruptcy Practice Guide ¶ 76.07(1) (1989) . . .

In RAY,, 104 B.R. 217 (Bankr. W.D. Mo. 1989)

. . . Cochenour, 717 S.W.2d 531, 532 (Mo.App.1986); Mo.Rules Civ.Pro. 76.07. . . .

PHOENIX STEEL, INC. a v. STATE OF WISCONSIN DEPARTMENT OF REVENUE,, 635 F. Supp. 270 (W.D. Wis. 1986)

. . . . § 76.07(2) (1983-84), and Wis. AdmimCode § Tax 2.39. . . .

BURLINGTON NORTHERN RAILROAD CO. Co. Co. Co. B. St. Co. v. DEPARTMENT OF REVENUE OF STATE OF WISCONSIN,, 604 F. Supp. 1575 (W.D. Wis. 1985)

. . . . § 76.07: 1981 1982 1983 Burlington Northern R.R. . . .

BURLINGTON NORTHERN RAILROAD CO. Co. Co. Co. B. St. Co. v. DEPARTMENT OF REVENUE OF STATE OF WISCONSIN,, 570 F. Supp. 585 (W.D. Wis. 1983)

. . . . § 76.07(1). . . . Section 76.07(1) Wis.Stat. directs the state Department of Revenue to ascertain the full market value . . .

B. P. GALLOWAY, v. D. L. MUSGRAVE a, 154 So. 2d 846 (Fla. Dist. Ct. App. 1963)

. . . authorized to be taken for the benefit of a mortgagee, by an attachment in aid of foreclosure under § 76.07 . . .

GENERAL FINANCE LOAN COMPANY OF MIAMI NORTH, v. WILLIAMS, Jr., 150 So. 2d 440 (Fla. 1963)

. . . Sec. 76.07, F.S.A. because it stated “ * * * this affiant knows or has good reason to believe * * in . . . requirement that the affiant allege that he “does believe” was not added to the predecessor of Sec. 76.07 . . . Sections 76.07 and 76.11 both deal with attachments in aid of foreclosure. . . . that affiant has reason to believe in the existence of one or more of the special grounds * * Sec. 76.07 . . . in this case, that it was nevertheless necessary to follow the more stringent requirements of Sec. 76.07 . . .

WILLIAMS, Jr. v. GENERAL FINANCE LOAN COMPANY OF MIAMI NORTH,, 143 So. 2d 689 (Fla. Dist. Ct. App. 1962)

. . . that the attachment affidavit is defective in that it fails to meet the statutory requirement of § 76.07 . . .