Florida Statute 76.12 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 76
ATTACHMENT

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F.S. 76.12

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.

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Amendments to 76.12

Annotations, Discussions, Cases:

Cases Citing Statute 76.12

Total Results: 11

Future Tech International, Inc. v. Tae Il Media, Ltd.

944 F. Supp. 1538, 1996 U.S. Dist. LEXIS 15101, 1996 WL 582422

District Court, S.D. Florida | Filed: Jul 18, 1996 | Docket: 970419

Cited 26 times | Published

prove compliance with the bond requirement of section 76.12). Moreover, Florida courts have observed that

Frio Ice, SA v. SunFruit

724 F. Supp. 1373, 1989 WL 134940

District Court, S.D. Florida | Filed: Nov 6, 1989 | Docket: 1034132

Cited 17 times | Published

damages if attachment was improper. Fla.Stat. § 76.12 (1987).[11] Furthermore, attachment is not the

General Electric Co. v. Chuly International, LLC

118 So. 3d 325, 2013 WL 4007280, 2013 Fla. App. LEXIS 12334

District Court of Appeal of Florida | Filed: Aug 7, 2013 | Docket: 60233189

Cited 10 times | Published

the amount of the debt sought against Chuly. See § 76.12, Fla. Stat. (2013). GE amply demonstrated, by competent

Leight v. Berkman

483 So. 2d 476, 11 Fla. L. Weekly 423

District Court of Appeal of Florida | Filed: Feb 11, 1986 | Docket: 455774

Cited 6 times | Published

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

District Court of Appeal of Florida | Filed: May 17, 1966 | Docket: 533187

Cited 6 times | Published

that it was not enough. [5] Fla. Stat. 1963, § 76.12, F.S.A. [1] Welsh v. Woods, 47 Haw. 252, 386 P

Florida Transportation Co. v. Dixie Sightseeing Tours, Inc.

139 So. 2d 175

District Court of Appeal of Florida | Filed: Mar 27, 1962 | Docket: 1526524

Cited 3 times | Published

1012; Steen v. Ross, (1886) 22 Fla. 480. [5] § 76.12, Fla. Stat., F.S.A., requires an adequate bond

In re Collins

600 B.R. 108

United States Bankruptcy Court, M.D. Florida | Filed: Mar 27, 2019 | Docket: 65791331

Cited 1 times | Published

judicial determination as to the liability."). § 76.12, Fla. Stat. (2018) (attachment bond); § 78.068(3)

Papadopoulos v. SIDI

547 F. Supp. 2d 1262, 2008 U.S. Dist. LEXIS 32658, 2008 WL 1803768

District Court, S.D. Florida | Filed: Jan 3, 2008 | Docket: 2338912

Published

creditor may attach a debtor's property and section 76.12 requires that a writ of attachment not issue

Jetborne International, Inc. v. Bankatlantic

564 So. 2d 610, 1990 Fla. App. LEXIS 5674, 1990 WL 107824

District Court of Appeal of Florida | Filed: Jul 31, 1990 | Docket: 64651891

Published

Fla.Stat. (1989); § 679.504 Fla.Stat. (1989); § 76.12, Fla.Stat. (1989).

In re Florida Rules of Civil Procedure

211 So. 2d 174, 1968 Fla. LEXIS 2207

Supreme Court of Florida | Filed: Jun 19, 1968 | Docket: 64505634

Published

different from the foregoing condition. See Section 76.12, Florida Statutes. *193(b) Costs * * * pay all

Norman Babel Mortgage Co. v. Golden Heights Land Co.

117 So. 2d 205

District Court of Appeal of Florida | Filed: Jan 25, 1960 | Docket: 60194085

Published

HORTON, C. J., and PEARSON, J., concur. . Section 76.12, Ma.Stat., F.S.A., requires an attachment bond