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: 16

Ago

Court: Florida Attorney General Reports | Date Filed: 1998-11-20

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

Lloyd v. Brenbemuehl

Court: District Court of Appeal of Florida | Date Filed: 1998-07-24

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

Snippet: appeals a declaratory judgment proclaiming subsection 85.031(2), Florida Statutes (1995), constitutional. The

Ago

Court: Florida Attorney General Reports | Date Filed: 1992-07-21

Snippet: for 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: District Court of Appeal of Florida | Date Filed: 1990-04-27

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

Snippet: concerns liens on motor vehicles, governs over section 85.031(2), which concerns generally liens on personal

Ago

Court: Florida Attorney General Reports | Date Filed: 1989-08-24

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: District Court of Appeal of Florida | Date Filed: 1988-04-07

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

Snippet: sell it in a nonjudicial sale pursuant to Section 85.031(2) Florida Statutes, (1981)2 to recoup charges

Bernier v. Broward Marine, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1987-04-08

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

Snippet: to this court. The trial court held that section 85.031(2), Florida Statutes, which pertains to non-judicial

Associates Commercial Corp. v. Ross

Court: District Court of Appeal of Florida | Date Filed: 1985-03-27

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

Broward Marine, Inc. v. Bernier

Court: District Court of Appeal of Florida | Date Filed: 1984-08-01

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

Lake v. Irrgang

Court: District Court of Appeal of Florida | Date Filed: 1980-12-24

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

Richwagen v. Lilienthal

Court: District Court of Appeal of Florida | Date Filed: 1980-07-02

Citation: 386 So. 2d 247, 29 U.C.C. Rep. Serv. (West) 964

Snippet: explained how to sell boats under Florida Statute 85.031, specifically listing the boat in question as being

State v. Miller

Court: Supreme Court of Florida | Date Filed: 1979-07-18

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

Snippet: 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: District Court of Appeal of Florida | Date Filed: 1979-04-20

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: District Court of Appeal of Florida | Date Filed: 1978-07-05

Citation: 360 So. 2d 791, 24 U.C.C. Rep. Serv. (West) 991, 1978 Fla. App. LEXIS 16270

Snippet: aircraft at a mechanic's lien sale pursuant to Section 85.031(2), Florida Statutes (1975). The order appealed

Murrell v. Trio Towing Service, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1974-05-14

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: Supreme Court of Florida | Date Filed: 1907-06-15

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