Florida Statute 56.16 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 56
FINAL PROCESS

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F.S. 56.16

56.16 Executions; claims of third parties to property levied on.—If any person, including a person to whom a Notice to Appear has been issued pursuant to s. 56.29(2), other than the judgment debtor claims any property levied on, he or she may obtain possession of the property by filing with the officer having the execution an affidavit by the claimant, or the claimant’s agent or attorney, that the property claimed belongs to the claimant and by furnishing the officer a bond with surety to be approved by the officer in favor of the judgment creditor in double the value of the goods claimed as the value is fixed by the officer and conditioned to deliver said property on demand of said officer if it is adjudged to be the property of the judgment debtor and to pay the judgment creditor all damages found against the claimant if it appears that the claim was interposed for the purpose of delay.

History.—s. 9, Feb. 17, 1833; s. 1, Mar. 16, 1844; RS 1197; GS 1626; RGS 2830; CGL 4517; s. 11, ch. 67-254; s. 302, ch. 95-147; s. 10, ch. 2016-33.

Note.—Former s. 55.39.

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Amendments to 56.16

Annotations, Discussions, Cases:

Cases Citing Statute 56.16

Total Results: 12

Keith Stansell v. Revolutionary Armed Forces of Columbia, (FARC)

771 F.3d 713

Court of Appeals for the Eleventh Circuit | Filed: Oct 16, 2014 | Docket: 1451325

Cited 107 times | Published

debtor pursuant to this section....”); Fla. Stat. § 56.16 (outlining procedure for third-party claimants

Cathy Jackson-Platts v. General Electric Capital Corporation

727 F.3d 1127, 2013 WL 4463006, 2013 U.S. App. LEXIS 17580

Court of Appeals for the Eleventh Circuit | Filed: Aug 22, 2013 | Docket: 919372

Cited 20 times | Published

bond with surety” to the sheriff. Id. § 56.16. By filing the affidavit and bond, the third party

International Harvest. Cr. v. American Nat. Bk.

296 So. 2d 32, 85 A.L.R. 3d 1015

Supreme Court of Florida | Filed: Feb 13, 1974 | Docket: 1228820

Cited 14 times | Published

manner provided in case of execution." Fla. Stat. § 56.16 et seq., F.S.A. The petition for rehearing is otherwise

Love v. Allis-Chalmers Corp.

362 So. 2d 1037

District Court of Appeal of Florida | Filed: Oct 4, 1978 | Docket: 1363689

Cited 10 times | Published

levy, and asserting the unconstitutionality of Section 56.16, Florida Statutes (1975). When Love's application

Sanchez v. Century Everglades, LLC

946 So. 2d 563, 2006 Fla. App. LEXIS 20777, 2006 WL 3615118

District Court of Appeal of Florida | Filed: Dec 13, 2006 | Docket: 1771638

Cited 6 times | Published

claims after property has been levied upon. See Section 56.16, Florida Statutes (2005). Here, Sanchez properly

Edward C. Tietig, Pa v. Southeast Reg. Const. Corp.

617 So. 2d 761, 1993 Fla. App. LEXIS 4489, 1993 WL 120831

District Court of Appeal of Florida | Filed: Apr 21, 1993 | Docket: 1512481

Cited 4 times | Published

Quinn, individually, sought protection under section 56.16, et. seq., Florida Statutes. [2] We look with

In Re: Amendments to Florida Rule of Civil Procedure 1.570 and Form 1.914

244 So. 3d 1009

Supreme Court of Florida | Filed: May 31, 2018 | Docket: 6981030

Cited 3 times | Published

officer a bond with surety, as set forth in section 56.16, Florida Statutes. See generally

Tootie Discount Palace, LLC v. PTX Performance Products, Inc., Huy International, Inc., and Global Brand Closeout, LLC

187 So. 3d 960, 2016 Fla. App. LEXIS 5299, 2016 WL 1367042

District Court of Appeal of Florida | Filed: Apr 6, 2016 | Docket: 3051129

Published

2015). Here, Appellant had available to it section 56.16, Florida Statutes (2015), which provides that

Mann v. GCC Beverages, Inc.

490 So. 2d 184, 11 Fla. L. Weekly 1390, 1986 Fla. App. LEXIS 8437

District Court of Appeal of Florida | Filed: Jun 20, 1986 | Docket: 64620190

Published

order on authorized motion. Appellant contends section 56.16, Florida Statutes (1983), which requires a bond

Bally Case & Cooler, Inc. v. H. Kaiser Associates, Inc.

514 F. Supp. 352, 1981 U.S. Dist. LEXIS 12246

District Court, S.D. Florida | Filed: May 7, 1981 | Docket: 66156142

Published

party claiming ownership of seized property. Section 56.16 does provide a mechanism whereby a third party

Commercial Bank of Okeechobee v. Proctor

349 So. 2d 710, 1977 Fla. App. LEXIS 16545

District Court of Appeal of Florida | Filed: Aug 17, 1977 | Docket: 64560043

Published

alleging the facts recited above, concluded that Section 56.16,4 Florida Statutes, provides a sole and exclusive

Budget Landscape Nursery, Inc. v. McMillin Investors New York Corp.

343 So. 2d 640, 1977 Fla. App. LEXIS 15103

District Court of Appeal of Florida | Filed: Feb 18, 1977 | Docket: 64557601

Published

execution was levied is provided for by statute. Section 56.16, Florida Statutes (1976), provides that a third