Florida Statute 85.031 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 85
ENFORCEMENT OF STATUTORY LIENS

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F.S. 85.031

85.031 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.

F.S. 85.031 on Google Scholar

F.S. 85.031 on Casetext

Amendments to 85.031

Arrestable Offenses / Crimes under Fla. Stat. 85.031

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 85.031.

Annotations, Discussions, Cases:

Cases Citing Statute 85.031

Total Results: 17

State of Florida v. Vernson Edward Dortch

Court: Fla. | Date Filed: 2021-05-20T00:53:00-07:00

Snippet: 9; see Pate, 383 U.S. at 378-85. - 31 - or on motion of counsel for

Ago

Court: Fla. Att'y Gen. | Date Filed: 1998-11-19T23:53:00-08:00

Snippet: a private not-for-profit Florida corporation); 85-31 (1985) (provisions of s. 155.40 applicable to Santa

Lloyd v. Brenbemuehl

Court: Fla. Dist. Ct. App. | Date Filed: 1998-07-24T00:00:00-07:00

Citation: 714 So. 2d 1154, 1998 Fla. App. LEXIS 9461, 1998 WL 412461

Snippet: self-help provisions of section 85.031. That section provides: 85.031 Remedies against personal property…appeals a declaratory judgment proclaiming subsection 85.031(2), Florida Statutes (1995), constitutional. The… through the self-help provisions of subsection 85.031(2), Florida Statute (1995), and that therefore,…Constitutions. Notwithstanding, we note that subsection 85.031(2) was enacted over thirty years ago and its notice…propriety of a private sale pursuant to subsection 85.031(2) if the indebtedness is believed to be unjust

Ago

Court: Fla. Att'y Gen. | Date Filed: 1992-07-21T00:53:00-07:00

Snippet: profit corporation . . . ."6 Likewise in AGO 85-31, this office concluded that a county hospital which

Moore International Trucks, Inc. v. Foothill Capital Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1990-04-27T00:00:00-07:00

Citation: 560 So. 2d 1301, 1990 Fla. App. LEXIS 2908, 1990 WL 52312

Snippet: provisions of section 85.031 were in effect, the legislature intended that section 85.031 could continue to…concerns liens on motor vehicles, governs over section 85.031(2), which concerns generally liens on personal …trial court properly ruled that as between sections 85.031(2) and 713.585, section 713.585 was *1303the controlling…statute. Though the two statutes overlap, section 85.031(2) pertains generally to liens on personal property

Ago

Court: Fla. Att'y Gen. | Date Filed: 1989-08-24T00:53:00-07:00

Snippet: corporation. Similarly, in Attorney General Opinion 85-31, this office stated that the provisions of section

Boyd v. Panama City Boat Yard, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1988-04-07T00:00:00-07:00

Citation: 522 So. 2d 1058, 13 Fla. L. Weekly 894, 1988 Fla. App. LEXIS 1452, 1988 WL 31729

Snippet: Fla. 2d DCA 1983). . Section 85.031(2) provides in pertinent part: 85.031 Remedies against personal property…sell it in a nonjudicial sale pursuant to Section 85.031(2) Florida Statutes, (1981)2 to recoup charges … nonjudicial sale conducted pursuant to Section 85.031(2) has upon a property owner’s legal claims arising…improper. A party exercising self-help under Section 85.-031(2) does so at his peril. While the sale passes …under the common law.3 We find nothing in Section 85.031 or elsewhere which indicate an intent that a nonjudicial

Bernier v. Broward Marine, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1987-04-08T00:00:00-07:00

Citation: 504 So. 2d 1379, 12 Fla. L. Weekly 967, 1987 Fla. App. LEXIS 7634

Snippet: this as within the ambit of section 85.031. We now hold section 85.031 refers to what amounts to mechanic…to this court. The trial court held that section 85.031(2), Florida Statutes, which pertains to non-judicial…so that the federal law did not preempt section 85.031(2), Florida Statutes. We affirm this conclusion…Dagon in accordance with the provisions of section 85.031(2), Florida Statutes. Thereafter Bernier filed …recommended the non-judicial sale pursuant to section 85.031(2), Florida Statutes, saying he had made a diligent

Associates Commercial Corp. v. Ross

Court: Fla. Dist. Ct. App. | Date Filed: 1985-03-27T00:00:00-08:00

Citation: 465 So. 2d 663, 10 Fla. L. Weekly 806, 1985 Fla. App. LEXIS 13130

Snippet: Airlines is found in section 85.011(1) and section 85.031, Florida Statutes (1983), which provide: 85.011…was in possession at the time the lien attached. 85.031 Remedies against personal property only;, all lienors… the lienor. Third, because sections 85.011 and 85.031, Florida Statutes, provide, respectively, for a

Broward Marine, Inc. v. Bernier

Court: Fla. Dist. Ct. App. | Date Filed: 1984-08-01T00:00:00-07:00

Citation: 453 So. 2d 868, 9 Fla. L. Weekly 1684, 1984 Fla. App. LEXIS 13999

Snippet: Marine sold *869“the Dagon” pursuant to section 85.031(2), Florida Statutes (1983).3 Thereafter, Mr. Bernier… (West 1975)4 preempts the operation of section 85.031(2). Consequently, the court granted partial summary

Lake v. Irrgang

Court: Fla. Dist. Ct. App. | Date Filed: 1980-12-24T00:00:00-08:00

Citation: 391 So. 2d 735, 1980 Fla. App. LEXIS 17904

Snippet: supposedly invalid mechanics’ lien sale under Section 85.031(2), Florida Statutes (1975). In January of 1975… the boat at public auction pursuant to Section 85.031(2), Florida Statutes (1975), in order to cover

Richwagen v. Lilienthal

Court: Fla. Dist. Ct. App. | Date Filed: 1980-07-02T00:53:00-07:00

Citation: 386 So. 2d 247

Snippet: to Section 85.031, Florida Statutes (1975). However, unlike Section 677.210, Section 85.031 only permits…explained how to sell boats under Florida Statute 85.031, specifically listing the boat in question as being… how to apply for a title under Florida Statute 85.031. 9. Subsequently, in a private transaction, the… was private and not in compliance with Section 85.031. To summarize our conclusion upon the first point…non-compliance with the procedures required by Section 85.031, Florida Statutes (1975), so that appellee is not

State v. Miller

Court: Fla. | Date Filed: 1979-07-18T00:00:00-07:00

Citation: 373 So. 2d 677, 1979 Fla. LEXIS 4755

Snippet: 77.031, 77.04, 77.06, 77.07, Fla.Stat. (1975). . § 85.031(2), Fla.Stat. (1977): BY SALE WITHOUT JUDICIAL

Midland-Guardian Co. v. Hagin

Court: Fla. Dist. Ct. App. | Date Filed: 1979-04-19T23:53:00-08:00

Citation: 370 So. 2d 25

Snippet: mobile home was sold at public sale pursuant to § 85.031(3), Fla. Stat. (1973) for unpaid storage charges

FIRST NAT. COMMERCE, ETC. v. Indiana Nat. Bank

Court: Fla. Dist. Ct. App. | Date Filed: 1978-07-05T00:53:00-07:00

Citation: 360 So. 2d 791

Snippet: a mechanic's lien sale pursuant to Section 85.031(2), Florida Statutes (1975). The order appealed…subject aircraft, pursuant to Florida Statutes § 85.031(2) to FNC. No actual notice of the sale was every…aircraft conducted pursuant to Florida Statutes § 85.031(2) by a mechanic in possession can extinguish and… of law. "The purpose of Florida Statute § 85.031(2) is to allow a mechanic who or which has put …, effect the result. "If Florida Statute § 85.031(2) allowed a mechanic in possession to extinguish

Murrell v. Trio Towing Service, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1974-05-14T00:00:00-07:00

Citation: 294 So. 2d 331

Snippet: away pursuant to police authority, then F.S. § 85.031 F.S.A. would be applicable. [3] Defendants Trio

McClinton v. Chapin

Court: Fla. | Date Filed: 1907-06-15T00:00:00-08:00

Citation: 54 Fla. 510

Snippet: at end of -the case; McDonald v. Finch, 131 Ala. 85, 31 South. Rep. 594. Also see Tepoel v. Saunders County