Florida Statute 222.61 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XV
HOMESTEAD AND EXEMPTIONS

Chapter 222
METHOD OF SETTING APART HOMESTEAD AND EXEMPTIONS

View Entire Chapter

F.S. 222.061

222.061 Method of exempting personal property; inventory.—

(1) When a levy is made by writ of execution, writ of attachment, or writ of garnishment upon personal property which is allowed by law or by the State Constitution to be exempt from levy and sale, the debtor may claim such personal property to be exempt from sale by making, within 15 days after the date of the levy, an inventory of his or her personal property. The inventory shall show the fair market valuation of the property listed and shall have an affidavit attached certifying that the inventory contains a correct list of all personal property owned by the debtor in this state and that the value shown is the fair market value of the property. The debtor shall designate the property listed in the schedule which he or she claims to be exempt from levy and sale.

(2) The original inventory and affidavit shall be filed with the court which issued the writ. The debtor, by mail or hand delivery, shall promptly serve one copy on the judgment creditor and furnish one copy to the sheriff who executed the writ. If the creditor desires to object to the inventory, he or she shall file an objection with the court which issued the writ within 5 days after service of the inventory, or he or she shall be deemed to admit the inventory as true. If the creditor does not file an objection, the clerk of the court shall immediately send the case file to the court issuing the writ, and the court shall promptly issue an order exempting the items claimed. Such order shall be sent by the court to the sheriff directing him or her to promptly redeliver to the debtor any exempt property under the levy and to sell any nonexempt property under the levy according to law.

(3) If the creditor files an objection, he or she shall promptly serve, by mail or hand delivery, one copy on the debtor and furnish one copy to the sheriff who executed the writ. Upon the filing of an objection, the clerk shall immediately send the case file to the court issuing the writ, and the court shall automatically schedule a prompt evidentiary hearing to determine the validity of the objection and shall enter its order therein describing the exempt and nonexempt property. Upon its issuance, the order shall be sent by the court to the sheriff directing him or her to promptly redeliver to the debtor any exempt property under the levy and to sell the nonexempt property under the levy according to law.

(4) The court shall appoint a disinterested appraiser to assist in its evidentiary hearing unless the debtor and creditor mutually waive the appointment of such appraiser. The appraiser shall take and file an oath that he or she will faithfully appraise the property at its fair market value and that he or she will file a signed and sworn appraisal with the court as required by law. Notice of the time and place of the inspection of the property for the purpose of its appraisal shall be given by the appraiser to the debtor, creditor, and sheriff, at least 24 hours before the inspection is made. The appraiser shall be entitled to a reasonable fee as determined by the court for his or her services. The appraiser’s fee shall be taxed as costs, but no costs shall be assessed against the debtor for the proceedings under this section if the debtor prevails on his or her claim of exemption. The court may require the creditor to deposit a cash bond, a surety bond, or other security, conditioned on the creditor’s obligation to pay reasonable appraisal expenses, not to exceed $100.

(5) During the pendency of proceedings under this section, the sheriff shall safeguard the property seized under the writ, and the creditor shall deposit sufficient moneys with the sheriff to pay the cost of such safeguarding until the property is sold or redelivered to the debtor. When the sheriff receives a copy of a court order identifying which property has been declared exempt and which property has been declared not exempt and ordering the sale of the property not exempt from levy, he or she shall sell the property.

(6) The party who successfully maintains his or her claim at the time of the evidentiary hearing may be entitled to reasonable attorney’s fees and shall be entitled to costs. The costs shall include, but not be limited to, appraisal fees, storage fees, and such other costs incurred as a result of the levy.

(7) No inventory or schedule to exempt personal property from sale shall be accepted prior to a levy on the property.

History.—s. 5, ch. 85-272; s. 61, ch. 87-224; s. 1199, ch. 95-147.

F.S. 222.061 on Google Scholar

F.S. 222.061 on CourtListener

Amendments to 222.061

Annotations, Discussions, Cases:

Cases Citing Statute 222.061

Total Results: 16

In Re Ferretti

203 B.R. 796, 10 Fla. L. Weekly Fed. B 139, 37 Collier Bankr. Cas. 2d 473, 1996 Bankr. LEXIS 1628

United States Bankruptcy Court, S.D. Florida. | Filed: Sep 10, 1996 | Docket: 1754564

Cited 15 times | Published

personal property exemption. Florida Statute § 222.061; Florida Constitution, Article 10, § 4(a)(2);

Furr v. Lordy (In Re Lordy)

214 B.R. 650, 11 Fla. L. Weekly Fed. B 75, 1997 Bankr. LEXIS 1740

United States Bankruptcy Court, S.D. Florida. | Filed: Jul 28, 1997 | Docket: 1450404

Cited 10 times | Published

4(a)(2) & Light FSA § 222.061 $ 200.00 333 NE Spanish

In Re Haning

252 B.R. 799, 13 Fla. L. Weekly Fed. B 289, 2000 Bankr. LEXIS 893, 2000 WL 1195529

United States Bankruptcy Court, M.D. Florida | Filed: Jun 20, 2000 | Docket: 1429773

Cited 7 times | Published

00 § 222.061 ---------------------------------------------

In Re Allen

454 B.R. 894, 23 Fla. L. Weekly Fed. B 56, 2011 Bankr. LEXIS 2426, 2011 WL 2493065

United States Bankruptcy Court, S.D. Florida. | Filed: Jun 21, 2011 | Docket: 2056044

Cited 5 times | Published

Constitution, Article 10, § 4 and Florida Statutes § 222.061.[1] On March 15, 2011, the Debtors filed an amended

In Re Brubaker

426 B.R. 902, 22 Fla. L. Weekly Fed. B 343, 2010 Bankr. LEXIS 884, 2010 WL 1260131

United States Bankruptcy Court, M.D. Florida | Filed: Apr 1, 2010 | Docket: 1750089

Cited 5 times | Published

Florida Constitution and pursuant to Fla. Stat. § 222.061 (Doc. No. 15). On July 14, 2009, this Courted

In Re Hunter

283 B.R. 353, 15 Fla. L. Weekly Fed. B 261, 2002 Bankr. LEXIS 1044, 2002 WL 31118822

United States Bankruptcy Court, M.D. Florida | Filed: Aug 5, 2002 | Docket: 1818029

Cited 5 times | Published

by the judgment lien creditor. See Fla.Stat. § 222.061, method of exempting personal property; inventory

In Re Mootosammy

387 B.R. 291, 21 Fla. L. Weekly Fed. B 287, 2008 Bankr. LEXIS 932, 2008 WL 1733610

United States Bankruptcy Court, M.D. Florida | Filed: Mar 31, 2008 | Docket: 1674754

Cited 3 times | Published

truck insofar as they failed to comply with Section 222.061 of the Florida Statutes within 15 days after

In Re Lazin

217 B.R. 332, 11 Fla. L. Weekly Fed. B 197, 1998 Bankr. LEXIS 77, 1998 WL 37966

United States Bankruptcy Court, M.D. Florida | Filed: Jan 26, 1998 | Docket: 1499596

Cited 3 times | Published

exempt, based on Art. 10 § 4(a)(2) and Fla. Stat. § 222.061. Even a cursory reading of the basis for the claimed

Brubaker v. Jensen (In Re Brubaker)

443 B.R. 176, 2011 WL 43455

District Court, M.D. Florida | Filed: Jan 6, 2011 | Docket: 2073099

Cited 2 times | Published

Florida Constitution and pursuant to Fla. Stat. § 222.061 (Doc. No. 15). On July 14,2009, this Courted *179

In Re Rodale

452 B.R. 290, 23 Fla. L. Weekly Fed. B 95, 2011 Bankr. LEXIS 2732, 2011 WL 2899368

United States Bankruptcy Court, M.D. Florida | Filed: May 23, 2011 | Docket: 2069580

Published

furnishings and personal effects as exempt pursuant to § 222.061 of the Florida Statutes. The Debtors also listed

In Re Weinshank

406 B.R. 413, 21 Fla. L. Weekly Fed. B 774, 2009 Bankr. LEXIS 1338, 2009 WL 1634880

United States Bankruptcy Court, S.D. Florida. | Filed: May 28, 2009 | Docket: 1067320

Published

222.11(2)(c), Art. 10 § 4(a)(2), and Fla. Stat. § 222.061. The Debtor is a single man who does not provide

In Re Zajni

403 B.R. 891, 2008 Bankr. LEXIS 3992, 2008 WL 5784517

United States Bankruptcy Court, M.D. Florida | Filed: Oct 10, 2008 | Docket: 1462262

Published

still property of the estate until the sale. Section 222.061 of the Florida Statutes sets forth the method

In Re Caliri

347 B.R. 788, 2006 Bankr. LEXIS 1821, 2006 WL 2382518

United States Bankruptcy Court, M.D. Florida | Filed: Aug 8, 2006 | Docket: 1385434

Published

FSA § 222.061 Checking/Money Market: $ 200.00

In re Kelsey

224 B.R. 495, 12 Fla. L. Weekly Fed. B 25, 1998 Bankr. LEXIS 1112, 1998 WL 568327

United States Bankruptcy Court, M.D. Florida | Filed: Aug 13, 1998 | Docket: 65781754

Published

Article X, Section 4(a)(2) and Florida Statute § 222.061, the Debtor claimed as exempt on Schedule C, clothing

Lotti v. Unemployment Appeals Commission

699 So. 2d 863, 1997 Fla. App. LEXIS 11131, 1997 WL 609171

District Court of Appeal of Florida | Filed: Oct 3, 1997 | Docket: 64775994

Published

Constitution and its implementing statute, section 222.061, Florida Statutes (1995). Lotti, in compliance

Schlosser v. State

602 So. 2d 628, 1992 Fla. App. LEXIS 7460, 17 Fla. L. Weekly Fed. D 1687

District Court of Appeal of Florida | Filed: Jul 8, 1992 | Docket: 64668991

Published

King, 361 So.2d 710 (Fla.1978). Instead, section 222.061, Florida Statutes (1991), sets forth the method