Florida Statutes
Fla. Stat. § 76.12 (2025)
Attachment bond.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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76.12 Attachment bond.—No attachment shall issue until the person applying for it, the person’s agent or attorney, makes a bond with surety to be approved by the clerk payable to defendant in at least double the debt demanded conditioned to pay all costs and damages which defendant sustains in consequence of plaintiff’s improperly suing out the attachment. In foreclosure of a mortgage on personal property if the motion states that the property or part of it has been disposed of without the consent of the party holding the mortgage and that plaintiff does not know who has the property or part of it, the bond shall be made payable to the state for the use and benefit of all parties interested, conditioned to pay all costs and damages which are sustained in consequence of plaintiff’s improperly suing out the attachment. Any party aggrieved may sue on the bond but the state is not liable for any costs, damages, or expenses that are incurred. Any bond in attachment is not void as against the obligors, nor are they discharged therefrom on account of any informality, although the attachment is dissolved because of the informality.
History.—s. 10, Feb. 15, 1834; RS 1646; GS 2110; RGS 3411; s. 2, ch. 8477, 1921; CGL 5264; s. 26, ch. 67-254; s. 375, ch. 95-147.
Notes of Decisions
Cited in 14
cases, 1960–2019 · leading case: Future Tech Int'l, Inc. v. Tae Il Media, Ltd., 944 F. Supp. 1538 (S.D. Fla. 1996).
Future Tech Int'l, Inc. v. Tae Il Media, Ltd., 944 F. Supp. 1538 (S.D. Fla. 1996). “For example, it has not demonstrated that it has supplied a bond in an amount equal to twice the debt, as required by Fla.Stat. § 76.12. See Frio Ice, S.A v. SunFruit, Inc.”
Gen. Elec. Co. v. Chuly Int'l, LLC, 118 So. 3d 325 (Fla. 3d DCA 2013). “See § 76.12, Fla. Stat. (2013). GE amply demonstrated, by competent substantial evidence, sufficient statutory grounds for prejudgment attachment or garnishment of the sale proceeds in order to secure its judgment debt, in the event a judgment is rendered in GE’s favor at the…”
In Re Amendments to Fla. Rules Civ. Proc., 604 So. 2d 1110 (Fla. 1992). “See Ssection 76.12, Florida Statutes. (b) Costs.”
In re Collins, 600 B.R. 108 (Bankr. M.D. Fla. 2019). “§ 76.12, Fla. Stat. (2018) (attachment bond); § 78.”
Frio Ice, SA v. SunFruit, 724 F. Supp. 1373 (S.D. Fla. 1989). “Fla.Stat. § 76.12 (1987). [11] Furthermore, attachment is not the sole remedy that Frio Ice seeks under Florida law.”
In re Florida Rules of Civil Procedure, 211 So. 2d 174 (Fla. 1968). “See Section 76.12, Florida Statutes. *193 (b) Costs * * * pay all costs and charges that are adjudged against plaintiff in this action.”
Leight v. Berkman, 483 So. 2d 476 (Fla. 3d DCA 1986). “That procedure, however, involves a set of statutory burdens, including posting a bond for at least twice the claimed debt, § 76.12, which the plaintiffs have not satisfied.”
Papadakos v. Spooner, 186 So. 2d 786 (Fla. 3d DCA 1966). “20452, Fla. Stat. 1941, § 48.01 et seq., F.S.A. [4] The contract provided that the attorney would receive a reasonable compensation, the amount of which was to be fixed by the client.”
Simpson v. Simpson, 524 So. 2d 1124 (Fla. 5th DCA 1988). “), and bond (§ 76.12, Fla. Stat.). Lis pendens is not appropriate because the ex-wife does not seek specific relief against the subject property.”
Papadopoulos v. SIDI, 547 F. Supp. 2d 1262 (S.D. Fla. 2008). “04 limits the circumstances under which a creditor may attach a debtor’s property and section 76.12 requires that a writ of attachment not issue “until the person applying for it .”
Florida Transp. Co. v. Dixie Sightseeing Tours, Inc., 139 So. 2d 175 (Fla. 3d DCA 1962). “[5] § 76.12, Fla. Stat., F.S.A., requires an adequate bond, "conditioned to pay all costs and damages which [the defendant may sustain] in consequence of the plaintiff's improperly suing out said attachment.”
Norman Babel Mortg. Co. v. Golden Heights Land Co., 117 So. 2d 205 (Fla. 3d DCA 1960). “Section 76.12, Ma.Stat., F.S.A., requires an attachment bond, “conditioned to pay all costs and damages which the defendant may sustain in consequence of the plaintiff’s improperly suing out said attachment, * * *.”
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