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The 2025 Florida Statutes
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F.S. 85.03185.031 Remedies against personal property only; all lienors.—(1) BY INJUNCTION AND ATTACHMENT.—If any person entitled to a lien under part II of chapter 713 on personal property has reason to believe that it is about to be removed from the county in which it is, the person may enjoin its removal in the manner provided for enjoining the removal of property subject to a mortgage or, if the lien has been perfected, may attach it in the manner provided for attachment in aid of foreclosure of mortgages. (2) BY SALE WITHOUT JUDICIAL PROCEEDINGS.—When any person entrusts to any mechanic or laborer, materials with which to construct, alter, or repair any article of value, or any article of value to be altered or repaired, and if the article is completed and not taken away, and the reasonable charges not paid, such mechanic or laborer may sell it after 3 months from the time such charges become due at public auction for cash but before the sale the mechanic or laborer shall give public notice of the time and place thereof, by notices posted for 10 days in 3 public places in the county, one of which shall be at the courthouse, and another in some conspicuous part of his or her shop or place of business. The proceeds of the sale, after payment of charges for construction or repair with the costs of the sale, shall be deposited with the clerk of the circuit court for the county, if the owner is absent, where they shall remain subject to the order of the person legally entitled thereto. The clerk shall be entitled to receive 5 percent on the proceeds for the care and disbursement thereof. Any person claiming a lien under s. 713.65, of part II of chapter 713, may enforce it by sale without judicial proceedings in the manner set forth herein after 1 month after the time the charges for which a lien is claimed become due. History.—RS 1745; GS 2214; RGS 3521; CGL 5384; s. 2, ch. 25048, 1949; s. 1, ch. 57-94; s. 37, ch. 67-254; ss. 24, 35, ch. 69-106; s. 1, ch. 70-89; s. 2, ch. 79-244; s. 457, ch. 95-147. Note.—Former s. 86.08.
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Annotations, Discussions, Cases:
Cases Citing Statute 85.031
Total Results: 14
462 F. Supp. 854, 1978 U.S. Dist. LEXIS 7075
District Court, M.D. Florida | Filed: Dec 21, 1978 | Docket: 2009694
Cited 17 times | Published
the defense that the state statute, Fla.Stat. § 85.031(3) facially, or by an interpretive application
294 So. 2d 331
District Court of Appeal of Florida | Filed: May 14, 1974 | Docket: 1736388
Cited 12 times | Published
towed away pursuant to police authority, then F.S. § 85.031 F.S.A. would be applicable.
[3] Defendants Trio
370 So. 2d 25
District Court of Appeal of Florida | Filed: Apr 20, 1979 | Docket: 1386004
Cited 5 times | Published
mobile home was sold at public sale pursuant to § 85.031(3), Fla. Stat. (1973) for unpaid storage charges
386 So. 2d 247, 29 U.C.C. Rep. Serv. (West) 964
District Court of Appeal of Florida | Filed: Jul 2, 1980 | Docket: 476973
Cited 4 times | Published
and explained how to sell boats under Florida Statute 85.031, specifically listing the boat in question
360 So. 2d 791, 24 U.C.C. Rep. Serv. (West) 991, 1978 Fla. App. LEXIS 16270
District Court of Appeal of Florida | Filed: Jul 5, 1978 | Docket: 1738801
Cited 2 times | Published
aircraft at a mechanic's lien sale pursuant to Section 85.031(2), Florida Statutes (1975). The order appealed
560 So. 2d 1301, 1990 Fla. App. LEXIS 2908, 1990 WL 52312
District Court of Appeal of Florida | Filed: Apr 27, 1990 | Docket: 64650357
Cited 1 times | Published
concerns liens on motor vehicles, governs over section 85.031(2), which concerns generally liens on personal
714 So. 2d 1154, 1998 Fla. App. LEXIS 9461, 1998 WL 412461
District Court of Appeal of Florida | Filed: Jul 24, 1998 | Docket: 64781965
Published
enforced through the self-help provisions of section 85.031. That section provides:
85.031 Remedies against
522 So. 2d 1058, 13 Fla. L. Weekly 894, 1988 Fla. App. LEXIS 1452, 1988 WL 31729
District Court of Appeal of Florida | Filed: Apr 7, 1988 | Docket: 64633894
Published
to sell it in a nonjudicial sale pursuant to Section 85.031(2) Florida Statutes, (1981)2 to recoup charges
504 So. 2d 1379, 12 Fla. L. Weekly 967, 1987 Fla. App. LEXIS 7634
District Court of Appeal of Florida | Filed: Apr 8, 1987 | Docket: 64626221
Published
appealed to this court. The trial court held that section 85.031(2), Florida Statutes, which pertains to non-judicial
465 So. 2d 663, 10 Fla. L. Weekly 806, 1985 Fla. App. LEXIS 13130
District Court of Appeal of Florida | Filed: Mar 27, 1985 | Docket: 64610726
Published
Airlines is found in section 85.011(1) and section 85.031, Florida Statutes (1983), which provide:
85
453 So. 2d 868, 9 Fla. L. Weekly 1684, 1984 Fla. App. LEXIS 13999
District Court of Appeal of Florida | Filed: Aug 1, 1984 | Docket: 64606220
Published
Broward Marine sold *869“the Dagon” pursuant to section 85.031(2), Florida Statutes (1983).3 Thereafter, Mr
391 So. 2d 735, 1980 Fla. App. LEXIS 17904
District Court of Appeal of Florida | Filed: Dec 24, 1980 | Docket: 64579378
Published
supposedly invalid mechanics’ lien sale under Section 85.031(2), Florida Statutes (1975).
In January of
373 So. 2d 677, 1979 Fla. LEXIS 4755
Supreme Court of Florida | Filed: Jul 18, 1979 | Docket: 64571412
Published
031, 77.04, 77.06, 77.07, Fla.Stat. (1975).
. § 85.031(2), Fla.Stat. (1977):
BY SALE WITHOUT JUDICIAL
373 F. Supp. 956, 1974 U.S. Dist. LEXIS 9300
District Court, S.D. Florida | Filed: Mar 26, 1974 | Docket: 66095023
Published
Florida Statutes under attack are as follows:
1. § 85.031(2) — Remedy of lienor against personal property
