Attachment in Florida
Attachment is a prejudgment remedy that allows a Florida creditor to seize the debtor's non-exempt property before a final judgment is entered. Governed by Chapter 76, attachment secures assets that might otherwise be dissipated, concealed, or removed from the state before the creditor obtains a judgment.
Grounds for Attachment
Florida limits attachment to specific circumstances under Section 76.04. The creditor must demonstrate that the debtor is fraudulently disposing of property, removing assets from the state, is a nonresident with Florida property, or cannot be found within the state. The creditor files a verified complaint, an attachment bond (at least double the claimed debt), and a motion for the court to issue the writ.
Exempt Property
Florida's broad exemption laws limit what can be attached. Homestead property, head-of-household wages (Section 222.11), retirement accounts (Section 222.21), and annuity proceeds (Section 222.14) are exempt from attachment. The sheriff executes the writ by seizing non-exempt property identified by the creditor and holding it pending resolution of the underlying lawsuit.
Related Terms
Barnes Walker Litigation
Barnes Walker obtains and defends against writs of attachment in Florida civil litigation. Contact us for creditor rights guidance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC