Execution and replevin requirements needed by the sheriff before the sheriff will proceed with a levy.
Requirements for an execution:
A. Personal property:
1. Original writ of execution as prescribed by the Florida rules of civil procedure;
2. Specific and complete levy instructions;
3. Proof of ownership such as confirmation of title to vehicle, boat, trailer, etc…;
4. Name affidavit, if name on the title is spelled different from the writ of execution;
5. Judgment Lien Certificate (www.sunbiz.org or (850) 245-6039);
6. A personal property affidavit pursuant to 56.27(4)(a)(b) and (c) and ensure the affidavit discloses all of the judgment creditors in priority sequence and other lienholders, who have acquired a lien as provided in s. 55.202, s. 55.204(3), or s. 695.01, and whose liens have not lapsed at the time of levy, at the address listed in the judgment lien certificate or other recorded liens, or, if amended, in any amendment, and to all secured creditors who have filed financing statements as provided in part V of chapter 679 in the name of the judgment debtor reflecting a security interest in property of the kind to be sold at the execution sale at the address listed in the financing statement, or, if amended, in any amendment to the financing statement in accordance with the new additions of HB412 effective 07-01-09;
7. Address of where the property to be seized can be located;
8. Name, address, and telephone number of the attorney of record for the debtor(s), if the debtor(s) does not have an attorney of record, note on your levy instructions that there is no attorney;
9. Judgment debtor's last known mailing address;
10. Sufficient cost deposit; and
11. A point of contact letter with a stamped self addressed envelope attached.
B. Real property:
1. Original writ of execution as prescribed by the Florida Rules of Civil Procedure;
2. Specific and complete levy instructions that also contain the complete legal description and the physical address of the real property with a statement that the property is not homestead;
3. Defendant name affidavit, if name on the title is spelled different from the writ of execution;
4. Certified copy of the quit claim or warranty deed;
5. A real property affidavit pursuant to Florida Statute 56.27(4)(a)(b) and (c) and ensure the affidavit discloses all judgment liens, mortgages, financing statements, tax warrants, and other liens recorded against the real property situated in Duval County in accordance with the new additions of HB412 effective 07-01-09;
6. Name, address, and telephone number of the attorney of record for the debtor(s), if the debtor(s) does not have an attorney of record, note on your levy instructions that there is no attorney of record;
7. Judgment debtor's last known mailing address;
8. A $1,000 cost deposit unless the legal description is long an addition cost may be requested; and
9. A point of contact letter with a stamped self addressed envelope attached.
C. Requirements for a replevin:
1. Original replevin;
2. Sufficient copies for service;
3. Levy instructions if the property is not properly described by serial number or vin in the body of the writ;
4. A letter containing a local Duval County wrecker service or service agent with a local Duval telephone number,
5. Address of where the property to be levied can be located,
6. A demand statement, if needed, (it requests the Sheriff to make demand on the defendant for the property and that the Sheriff will be held harmless in the event of a wrongful levy);
7. A point of contact with their telephone number;
8. A stamped self addressed envelope;
9. A $90.00 Writ of Replevin fee;
10. If there's a Break Order it will need to be a true certified copy, there will also have to be a copy for service, a $200.00 cost deposit check in addition to the $90.00 check for the Writ fee, and the Break order will need include in it's body the specific address in which to break and that'll hold the Sheriff harmless; and
11. Additionally, beyond the first hour, expenses incurred for officer stand-by time or to conduct an inventory will be at $46.00 per hour per officer.
Point of contact for executions or replevins is Officer Hackett @ (904) 630-2142