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:
1. Original writ of execution as prescribed by the Florida rules of civil procedure (Form 1.914);
2. Specific and complete levy instructions, to include but not limited to a payment statement, balance, property specifically described to include the serial number or vehicle identification number, and a harmless paragraph (NOTE: CALL OR WRITE FOR A EXAMPLAR);
3. Proof of ownership, if titled;
5. Creditors Affidavit that is not limited to but shall include the following paragraphs:
(a) I have searched the Florida Division of Corporations web site and found no judgment liens other than the lien of the judgment creditor (plaintiff) in the litigation or I have searched the Florida Division of Corporations web site and found the following judgments, to include my client’s, starting with the most senior and ending with the most junior in numeric order: (All judgment liens to include your own must be listed and shall list the: JLC#, name, address, date filed, $ amount, % (attorney info, if applicable).
(b) I have searched the Florida Secured Transaction Registry (www.floridaucc.com) data base and found the following secured creditor(s), to include their address, who have filed a financing statement as provided in part V of Chapter 679 in the name of the judgment debtor(s) reflecting a security interest in property of the kind to be sold at the execution sale or I have searched the Florida Secured Transaction Registry (www.floridaucc.com) data base and found no filings by secured creditors as provided in part V of Chapter 679 in the name of the judgment debtor(s) reflecting a security interest in property of the kind to be sold at the execution sale;
(c) I have found other liens (recorded mortgage(s), financing statement, tax warrant, or other lien other than a judgment lien) and listed them by name and address as follows or I found no other liens;
(d) If the name on the title is different from the writ of execution’s name, include a same name paragraph;
(e) The defendant is not represented by an attorney in this case and his or her last known mailing address is 1234 FOP Way, Jacksonville, Florida 32202 or the defendant is represented by John Doe of Doe & Doe Attorneys at Law, 12345 Law Road, Jacksonville, Florida 32202;
(f) I understand unless a directed Court Order to the Sheriff is received prior to the Sheriff’s Sale, all monies received through levy or sale will be paid as prescribed in 56.27, Florida Statutes; to the Sheriff for COSTS; the Levying Creditor in the amount of $500.00 as LIQUIDATED EXPENSES; and the PRIORITY LEINHOLDER(S) under 55.202, 55.204(3); or 55.208(2), Florida Statutes as set forth in this Affidavit required by subsection (4), or his or her attorney, in satisfaction of the judgment lien(s), if the judgment lien(s) have not lapsed at time of levy. The receipt of the attorney shall be a release of the officer paying the money to him or her. If the name of more than one attorney appears in the court file, I have provided to the Sheriff, the name and the address of either the attorney who originally commenced the action or who made the original defense, unless the file show another attorney has been substituted;
(g) Pursuant to Florida Statute 56.27(2)(b), if the affidavit discloses that the property is also subject to any recorded mortgage, financing statement, tax warrant, or other lien, other than a judgment lien, which is junior in priority to the levying creditors judgment lien, any surplus from the sale of the property shall be paid over to the registry of the court which the execution issued for further proceedings to determine the priority in which such surplus shall be distributed among judgment lien holders, other liens, and the owner of the property sold;
(h) I understand pursuant to 56.27(5), Florida Statutes, a Sheriff paying money received under an Execution in accordance with the information contained in this affidavit is not liable to anyone for damages arising from a wrongful levy;
(i) I do not have any other levy in process I believe in good faith that the total value of the property under execution does not exceed the amount of outstanding judgments or I do have another levy is in process, I believe in good faith that the total value of the property under execution does not exceed the amount of outstanding judgments;
(j) In addition to the affidavit being notarized, it shall be signed and dated by the Attorney of Record or the Levying Creditor.
6. Address or addresses where the personal property can be located;
7. Copy of the final judgment(s);
8. Sufficient cost deposit; AND
9. Point of contact letter with a stamped self addressed envelope.
B. Real Property:
1. Original writ of execution as prescribed by the Florida rules of civil procedure (Form 1.914);
2. Specific and complete levy instructions that contain an exact legal description and physical address;
3. A most current copy of the warranty deed or quit claim deed certified by the clerk of court;
4. Creditors Affidavit that is not limited to but shall include the following paragraphs:
(a) In accordance with Florida Statutes 55.10 (1) and (2), I have reviewed the Official Records of the Duval County Clerk of Court, Recording Department or I have performed or reviewed a title search on the real property described in Sheriff’s Instructions for Levy, and all the information contained in this Affidavit including a disclosure of all judgment liens, mortgages, financing statements, tax warrants, and other liens against the described real property, based on my review or title search is true and correct;
(b) I have listed each judgment lien found recorded on each parcel of real property described in my levy instructions, to include my client’s, below, starting with the most senior and ending with the most junior in numeric order: (Please include the Case Style; Case Number; File Number assigned to the record of the original, and, if any, the Second Judgment Lien; Date of filing of each judgment lien; Judgment Date; Judgment Amount; Interest Rate) Do NOT use see attachment(s) or enclosure(s) in your affidavit or it will not be returned. You must be specific in identifying which judgment lien is senior, then who is next in seniority, etc…the Sheriff can not determine or assume seniority, you must make your list absolutely clear;
(c) A paragraph disclosing all other liens (recorded mortgage(s), financing statement, tax warrant, or other lien other than a judgment lien) to include a list of their names and addresses or I found no other liens;
(d) The defendant is not represented by an attorney in this case and his or her last known mailing address is 1234 FOP Way, Jacksonville, Florida 32202 or the defendant is represented by John Doe of Doe & Doe Attorneys at Law, 12345 Law Road, Jacksonville, Florida 32202;
(e) I have made an inquiry of the Public Records of the Clerk of the Circuit Court of Duval County, Florida, and found no claim filed by the named Judgment Debtor (Defendant)(s) or any other person exempting the described real property from forced sale pursuant to Florida Statutes 222.01;
(f) I understand unless a Directed Court Order to the Sheriff is received prior to the Sheriff’s Sale, all monies received through levy or sale will be paid as prescribed in Florida Statutes 56.27(1); to the Sheriff for COSTS; the Levying Creditor in the amount of $500.00 as LIQUIDATED EXPENSES; and the PRIORITY LEINHOLDER(S) under Florida Statutes 55.10(1) and (2), Florida Statutes 55.202, 55.204(3); or Florida Statutes 55.208(2), as set forth in this Affidavit required by subsection (4), or his or her attorney, in satisfaction of the judgment lien(s), if the judgment lien(s) have not lapsed at time of levy. If the name of more than one attorney appears in the court file, I have provided to the Sheriff, the name and the address of either the attorney who originally commenced the action or who made the original defense, unless the file show another attorney has been substituted.
(g) Pursuant to Florida Statute 56.27(2)(b), if the affidavit discloses that the property is also subject to any recorded mortgage, financing statement, tax warrant, or other lien, other than a judgment lien, which is junior in priority to the levying creditors judgment lien, any surplus from the sale of the property shall be paid over to the registry of the court which the execution issued for further proceedings to determine the priority in which such surplus shall be distributed among judgment lien holders, other liens, and the owner of the property sold;
(h) I understand pursuant to 56.27(5), Florida Statutes, a Sheriff paying money received under an Execution in accordance with the information contained in this affidavit is not liable to anyone for damages arising from a wrongful levy;
(i) I do not have any other levy in process I believe in good faith that the total value of the property under execution does not exceed the amount of outstanding judgments or I do have another levy is in process, I believe in good faith that the total value of the property under execution does not exceed the amount of outstanding judgments;
(j) The affidavit needs to be signed and dated by the Attorney of Record or the Levying Creditor.
5. Copy of final judgment(s);
6. Sufficient cost deposit; and
7. A point of contact letter with a stamped self addressed envelope.
C. Requirements for a Replevin:
1. Original Writ of Replevin or a Clerk of Court true certified copy;
2. Sufficient copies for service;
3. Levy instructions if the property is not properly described by serial number in the body of the writ;
4. A letter containing a local Duval county wrecker service with telephone number, address or addresses of where the property to be seized can be located, a demand statement, if needed, and a point of contact with telephone number;
5. A stamped self addressed envelope; and
6. A Sheriff’s fee of $90.00 to replevy the personal property. (Note: Break orders require an additional $200.00 check, large inventory replevins will require a reasonable cost deposit to cover stand by time, man power, etc… cost deposit will be determine by the Enforceable Writs officer)
Schedule of Civil Process Fees – 09/11/12
Civil Unit - (904) 630-2141
Sergeants D. V. Mann - (904) 630-1822 or P. M. McNeely - (904) 630-2599
Levy Officers – L. Hackett – (904) 630-2142 or R. M. Pankhurst – (904) 630-2184
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Non-Enforceable Process
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Summons, notices, garnishments and all other types of process involving service only includes alias and pluries.
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$40.00
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Foreign Non-Enforceable Process
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Requiring service only, performed per Florida statute and prepared on sheriff's return includes alias and pluries
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$40.00
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Enforceable Process
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Domestic violence. Repeat, date, sexual and stalking and cyberstalking injunctions (to include foreign)
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$0.00
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Writ of body attachment (in county)
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$90.00
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Writ of body attachment (out of county) plus actual cost of returning person to Duval County
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$90.00
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Replevin*
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$90.00
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Certified Break Order for a Writ of Replevin
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$200.00
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Writ of possession (eviction)*
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$90.00
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Writ of attachment
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$90.00
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All other enforceable process
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$90.00
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Exe cutions*
(Advance Deposit For Levy, Pursuant T o F.S. 30.231)
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For each automobile, small truck, motorcycle, small boat
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$2000.00
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For each large truck, bus
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$2300.00
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Other large equipment or items will be determined by supervisor or enforceable writs officer in the civil unit
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TBD
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Real property (each parcel)(legal description 15 lines or less)
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$1000.00
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Real property (each parcel)(legal description 15 lines or more)
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TBD
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Business
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TBD
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*Additionally, beyond the first hour, expenses incurred for officer subsequently scheduled
to stand-by or conduct a levy will be $46.00 per hour per officer.
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Note: Fees are payable upon receipt of civil process. Fees are non-refundable, per Florida Statute 30.231(4). Fees are per party to be served. For a copy of the sheriff's return/affidavit a stamped self addressed envelope must be provided with your initial process.