Execution and Replevin Requirements
Execution and replevin requirements needed by the Sheriff
before the Sheriff can proceed with a levy
Requirements for an execution:
A. Personal property:
- Original writ of execution as prescribed by the Florida rules of civil procedure;
- Specific and complete levy instructions; need title search if titled;
- A defendant name affidavit, if name on the title is different from the writ of execution;
- Judgment lien certificate (www.sunbiz.org or (850) 245-6039);
- A state data base search affidavit that includes a Florida secured transaction registry (www.floridaucc.com) statement that lists all secured creditors with an address who have filed a financing statement 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 or a statement saying there are no secured creditors with a security interest;
- A statement addressing other liens (recorded mortgage(s), financing statement, tax warrant, or other lien other than a judgment lien), to include names and address of all other liens or a statement saying there are no other liens against this personal property;
- Address of where the property to be seized can be located;
- 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;
- Judgment debtor's last known mailing address;
- Final judgment;
- Sufficient cost deposit; and
- Point of contact letter with a stamped self addressed envelope.
B. Real property:
- Original writ of execution as prescribed by the Florida rules of civil procedure;
- Specific and complete levy instructions that contain the complete legal description and physical address of the real property with a statement that the property is not homestead;
- A defendant name affidavit, if name on the title is different from the writ of execution;
- Certified copy of the warranty deed;
- Affidavit of prior liens recorded with the Duval County clerk and copy of each record, or if there are no other liens recorded an affidavit stating there are no other liens recorded with the Duval County clerk of court for said debtor(s);
- A statement in your affidavit addressing other liens (recorded mortgage(s), financing statement, tax warrant, or other lien other than a judgment lien), to include names and address of all other liens or a statement saying there are no other liens against this real property;
- 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;
- Judgment debtor's last known mailing address;
- Final judgment; Sufficient cost deposit; and
- Point of contact letter with a stamped self addressed envelope.
c. Requirements for a replevin:
- Original replevin;
- Sufficient copies for service;
- Levy instructions if the property is not properly described by serial number or vin in the body of the writ;
- A letter containing a local Duval County wrecker service w/telephone number, address of where the property to be seized can be located, a demand statement, if needed, and a point of contact with telephone number;
- A stamped self addressed envelope; and
- Sheriff's fee of $90 to replevy the personal property.
Point of contact for executions or replevins is Officer Hackett @ (904) 630-2142 or Officer Pankhurst @ (904) 603-2184