83.13
Levy of writ.
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83.13 Levy of writ.—The sheriff shall execute the writ by service on defendant and, upon the order of the court, by levy on property distrainable for rent or advances, if found in the sheriff’s jurisdiction. If the property is in another jurisdiction, the party who had the writ issued shall deliver the writ to the sheriff in the other jurisdiction; and that sheriff shall execute the writ, upon order of the court, by levying on the property and delivering it to the sheriff of the county in which the action is pending, to be disposed of according to law, unless he or she is ordered by the court from which the writ emanated to hold the property and dispose of it in his or her jurisdiction according to law. If the plaintiff shows by a sworn statement that the defendant cannot be found within the state, the levy on the property suffices as service on the defendant.
History.—s. 3, ch. 3721, 1887; RS 1765; GS 2241; RGS 3560; CGL 5424; s. 34, ch. 67-254; s. 3, ch. 80-282; s. 15, ch. 82-66; s. 8, ch. 83-255; s. 433, ch. 95-147; s. 5, ch. 2004-273.
Notes of Decisions
Cited in 6
cases, 1957–1985 · leading case: Phillips v. Guin & Hunt, Inc.
Phillips v. Guin & Hunt, Inc. (1977)
“" [4] § 83.13, Fla. Stat., provides as follows: " Distress for rent; levy of writ.”
Davis v. Keeto, Inc. (1985)
“Larson, The Law of Workmen's Compensation § 83.13(d) (1983).”
Over 30 Ass'n v. Blatt (1960)
“Section 83.13, Fla.Stat., F.S.A., provides that the distress warrant shall be executed by service on the defendant and by levy on the property distrainable if to be found in the jurisdiction.”
Concrete Block & Wall Co. v. Knap (1958)
“Section 83.13, Fla.Stat., F. S.A., among other things, provides: “The officer to whom the writ is directed shall execute the same by service on the defendant at least five days before the return day, and by levy on property distrainable for such rent or advances, if to be found…”
Stroemer v. Shevin (1973)
“(F.S. 83.13). The Defendant-Tenant may have the distrained property resored by giving a similar bond to the officer levying the distress writ payable to the Plaintiff-Landlord (F.”
Loveridge v. Buehler (1957)
“Section 83.13 provides for the levy of the distress warrant upon property liable therefor.”
— 83.13(d) — 1 case
Davis v. Keeto, Inc. (1985)
“Larson, The Law of Workmen's Compensation § 83.13(d) (1983).”
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