Prejudgment Attachment in Florida
Prejudgment attachment is an extraordinary remedy under Florida Chapter 76 that allows creditors to seize a debtor's non-exempt assets before a judgment is entered, preventing dissipation or removal of property from the state.
Statutory Grounds
Florida limits attachment to specific situations: the debtor is fraudulently disposing of property, removing assets from Florida, is a nonresident, or cannot be found within the state. The creditor must file a verified complaint establishing these grounds and post an attachment bond of at least double the claimed amount.
Debtor Protections
Florida provides robust debtor protections including homestead and wage exemptions, the right to an immediate hearing, and the ability to dissolve the writ by posting a counter-bond. Wrongful attachment exposes the creditor to damages recoverable from the posted bond.
Related Terms
Barnes Walker Litigation
Barnes Walker handles prejudgment remedies for creditors and debtors throughout Southwest Florida. Contact us for guidance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC