Florida Statutes
Fla. Stat. § 76.09 (2025)
Motion when debt 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
76.09 Motion when debt due.—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 or more of the special grounds in s. 76.04, stating specifically the grounds.
Notes of Decisions
Cited in 4
cases, 1966–2008 · leading case: Unique Caterers, Inc. v. Rudy's Farm Co., 338 So. 2d 1067 (Fla. 1976).
Unique Caterers, Inc. v. Rudy's Farm Co., 338 So. 2d 1067 (Fla. 1976). “At the same time the complaint was filed a Motion for Issuance of a Writ of Attachment was filed [2] pursuant to Section 76.09, Florida Statutes. The motion was not supported by an affidavit, nor is an affidavit required under the statute.”
Robinson v. Loyola Found., Inc., 236 So. 2d 154 (Fla. 1st DCA 1970). “We have concluded that these points lack substantial merit and that no useful purpose would be served by a protracted explanation or detailed discussion of the several arguments advanced by appellants in support of these points.”
Papadakos v. Spooner, 186 So. 2d 786 (Fla. 3d DCA 1966). “I respectfully disagree with the majority's interpretation of § 76.09 Fla. Stat., F.S.A. In § 76.01 Fla.”
Am. Ass'n for the Advancement of Sci. v. Periodicals Publicacoes Tecnicas, 581 F. Supp. 2d 1248 (S.D. Fla. 2008). “Plaintiffs’ Ex Parte Motion sought attachment based on Section 76.09, which allows a defendant’s property to be attached when a “debt is actually due” and where the “movant has reason to believe in the existence of one or more of the special grounds in s.”
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.