Florida Statute 713.75 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

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F.S. 713.75

713.75 Acquisition of liens by persons not in privity with the owner.—A person entitled to acquire a lien not in privity with the owner of the personal property shall acquire a lien upon the owner’s personal property as against the owner and persons claiming through her or him by delivery to the owner of a written notice that the person for whom the labor has been performed or the material furnished is indebted to the person performing the labor or furnishing the material in the sum stated in the notice. A person who is performing or is about to perform labor or is furnishing or is about to furnish materials for personal property may deliver to the owner a written cautionary notice that she or he will do so. A lien shall exist from the time of delivery of either notice for the amount unpaid on the contract of the owner with the person contracting with the lienor and the delivery of the notice shall also create a personal liability against the owner of the personal property in favor of the lienor giving the notice, but not to a greater extent than the amount then unpaid on the contract between the owner and the person with whom the owner contracted. There shall be no lien upon personal property as against creditors and purchasers without notice except under the circumstances and for the time prescribed in s. 713.74 and for the amount of the debt due to the lienor at the time of the service of the notice provided for in this section.

History.—RS 1743; s. 2, ch. 4582, 1897; ss. 1, 15, ch. 5143, 1903; GS 2211; RGS 3518; CGL 5381; s. 36, ch. 67-254; s. 5, ch. 69-97; s. 828, ch. 97-102.

Note.—Former s. 85.26.

F.S. 713.75 on Google Scholar

F.S. 713.75 on Casetext

Amendments to 713.75

Arrestable Offenses / Crimes under Fla. Stat. 713.75

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.75.

Annotations, Discussions, Cases:

Cases Citing Statute 713.75

Total Results: 4

Ringhaver Equipment Co. v. Brooks

Court: District Court of Appeal of Florida | Date Filed: 1990-08-09

Citation: 565 So. 2d 841, 1990 Fla. App. LEXIS 5879, 1990 WL 112503

Snippet: by the further provisions of section 713.74 and 713.-75. Section 713.74 applies to liens being imposed

Davison v. General Development Corp.

Court: District Court of Appeal of Florida | Date Filed: 1975-11-28

Citation: 323 So. 2d 334, 1975 Fla. App. LEXIS 19541

Snippet: PER CURIAM. Affirmed.

Roberts v. First Federal Savings & Loan Ass'n

Court: District Court of Appeal of Florida | Date Filed: 1969-04-25

Citation: 222 So. 2d 32, 1969 Fla. App. LEXIS 5749

Snippet: Section 85.25 or Section 85.26 (now § 713.74 and § 713.75), depending on whether the creditor is in privity

Canada Dry Bottling Co. of Florida v. Meekins, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1969-03-04

Citation: 219 So. 2d 439, 1969 Fla. App. LEXIS 6165

Snippet: Affirmed. . § 713.52, Fla.Stat. (1967), F.S.A. . § 713.75(1), Fla.Stat. (1967), F.S.A. .§ 85.021, Fla.Stat