Florida Statutes

Fla. Stat. § 76.13 (2025)

Writ; form.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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76.13 Writ; form.—

(1) GENERALLY.—The writ of attachment shall command the sheriff to attach and take into custody so much of the lands, tenements, goods, and chattels of the party against whose property the writ is issued as is sufficient to satisfy the debt demanded with costs.

(2) IN AID OF SUITS TO FORECLOSE.—In actions to foreclose mortgages, the writ shall describe the property, and command the sheriff to take and hold such property or so much thereof as can be found sufficient to satisfy the debt to be foreclosed.

History.—s. 2, Feb. 15, 1834; RS 1648; GS 2112; RGS 3413; CGL 5266; s. 26, ch. 67-254; s. 3, ch. 83-255.

Notes of Decisions

Cited in 2 cases, 1987–1987 · leading case: Estudios, Proyectos e Inversiones de Centro Am., S.A. v. Swiss Bank Corp. (Overseas) S.A., 507 So. 2d 1119 (Fla. 3d DCA 1987).

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Estudios, Proyectos e Inversiones de Centro Am., S.A. v. Swiss Bank Corp. (Overseas) S.A., 507 So. 2d 1119 (Fla. 3d DCA 1987). · cites it 2× “Attachment, a remedy designed to ensure the availability of assets to satisfy a possible final judgment, see § 76.13 Fla.Stat. (1985), is only properly directed at securing a debtor’s “goods and chattels, land and tenements.”

Epica v. Swiss Bank Corp.(overseas) Sa, 507 So. 2d 1119 (Fla. 3d DCA 1987). · cites it 2× “Attachment, a remedy designed to ensure the availability of assets to satisfy a possible final judgment, see § 76.13 Fla. Stat. (1985), is only properly directed at securing a debtor's "goods and chattels, land and tenements.”

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