Florida Statute 713.75 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 713.75

Annotations, Discussions, Cases:

Cases Citing Statute 713.75

Total Results: 4

Ringhaver Equipment Co. v. Brooks

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

District Court of Appeal of Florida | Filed: Aug 9, 1990 | Docket: 64652417

Published

Whitehouse in full for the boat and took delivery. Section 713.75 is perhaps more applicable to the facts in

Ace Electric Supply Co. v. PJ & L Associates (In re Desco Marine, Inc.)

58 B.R. 40, 1986 Bankr. LEXIS 6826

United States Bankruptcy Court, M.D. Florida | Filed: Jan 24, 1986 | Docket: 65779109

Published

the plaintiff, any lien rights are governed by § 713.75 Florida Statute which provides in pertinent part

Roberts v. First Federal Savings & Loan Ass'n

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

District Court of Appeal of Florida | Filed: Apr 25, 1969 | Docket: 64509581

Published

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.

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

District Court of Appeal of Florida | Filed: Mar 4, 1969 | Docket: 64508610

Published

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