The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 76
ATTACHMENT

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F.S. 76.04

76.04 Grounds when debt due.—The creditor may have an attachment on a debt actually due to the creditor by his or her debtor, when the debtor:

(1) Will fraudulently part with the property before judgment can be obtained against him or her.

(2) Is actually removing the property out of the state.

(3) Is about to remove the property out of the state.

(4) Resides out of the state.

(5) Is actually moving himself or herself out of the state.

(6) Is about to move himself or herself out of the state.

(7) Is absconding.

(8) Is concealing himself or herself.

(9) Is secreting the property.

(10) Is fraudulently disposing of the property.

(11) Is actually removing himself or herself beyond the limits of the judicial circuit in which he or she resides.

(12) Is about to remove himself or herself out of the limits of such judicial circuit.

History.—s. 1, ch. 998, 1859; s. 2, ch. 1101, 1861; RS 1637; GS 2101; RGS 3402; CGL 5255; s. 26, ch. 67-254; s. 371, ch. 95-147.

F.S. 76.04 on Google Scholar

F.S. 76.04 on Casetext

Amendments to 76.04

Arrestable Offenses / Crimes under Fla. Stat. 76.04

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 76.04.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE COLLINS,, 600 B.R. 108 (Bankr. M.D. Fla. 2019)

. . . Stat. (2018) (prejudgment replevin); §§ 76.04, 76.05 Fla. Stat. (2018) (attachment); § 77.031, Fla. . . .

JIANGSU JIASHENG PHOTOVOLTAIC TECHNOLOGY CO. LTD. v. UNITED STATES,, 28 F. Supp. 3d 1317 (Ct. Int'l Trade 2014)

. . . 4 World Customs Organization, Harmonized Commodity Description and Coding System Explanatory Notes 76.04 . . .

AMERICAN ASSOCIATION FOR ADVANCEMENT OF SCIENCE, v. PERIODICALS PUBLICACOES TECNICAS,, 581 F. Supp. 2d 1248 (S.D. Fla. 2008)

. . . where the “movant has reason to believe in the existence of one or more of the special grounds in s. 76.04 . . . .... ” The special grounds of Section 76.04 asserted by Plaintiffs permit attachment where the debtor . . . to establish that a debt is due and have also failed to show any of the special grounds of Section 76.04 . . . should be dissolved because Plaintiffs have not presented evidence establishing any of the Section 76.04 . . . other alleged fraud presented at the hearing is sufficient to satisfy the special grounds of Section 76.04 . . .

PAPADOPOULOS v. SIDI, 547 F. Supp. 2d 1262 (S.D. Fla. 2008)

. . . For example, Florida Statute section 76.04 limits the circumstances under which a creditor may attach . . .

J. PAGAN, v. FRUCHEY, 492 F.3d 766 (6th Cir. 2007)

. . . 452.09 Defiance, § 351.06 Delaware, § 351.06 (1967) Delphos, § 351.06 Dover, § 351.06 (1966) Dublin, § 76.04 . . .

SHIRT v. HAZELTINE,, 336 F. Supp. 2d 976 (D.S.D. 2004)

. . . total population) 75.81 77.09 77.11 District 28 Senate (VAP) 68.3 69.25 69.29 (total population) 75.03 76.04 . . . 74.05 75.Í 76.02 District 28A single-member House (VAP) 68.38 69.25 69.29 (total population) 75.03 76.04 . . .

D. FRASHER, v. FOX DISTRIBUTING OF S. W. FLORIDA, INC., 813 So. 2d 1017 (Fla. Dist. Ct. App. 2002)

. . . Sections 76.09, 76.10, and 76.11, together with sections 76.04, 76.05, and 76.07, set forth what actions . . .

MARSHALL- SHAW, v. FORD,, 755 So. 2d 162 (Fla. Dist. Ct. App. 2000)

. . . garnishment cannot be based on an action sounding in tort, citing the provisions of sections 77.02 and 76.04 . . .

FUTURE TECH INTERNATIONAL, INC. a v. TAE IL MEDIA, LTD. IL U. S. A., 944 F. Supp. 1538 (S.D. Fla. 1996)

. . . . § 76.04. . . .

ROSEN, v. CASCADE INTERNATIONAL, INC. G. T. Jr. N. Dr., 21 F.3d 1520 (11th Cir. 1994)

. . . . § 76.04-.05 (West 1987), provided that they can satisfy the enumerated statutory grounds for relief . . .

OMNI MOVING STORAGE OF VIRGINIA, INC. v. UNITED STATES,, 27 Fed. Cl. 677 (Fed. Cl. 1993)

. . . 765 $109.40 11.5 $ 765 $ 87.98 # CP400525 8.1 $ 765 $ 61.97 3.2 $1290 $ 41.28 NP069984 13.8 $ 551 $ 76.04 . . .

RODRIGUEZ No. B, v. BANCO INDUSTRIAL VENEZUELA, C. A., 576 So. 2d 870 (Fla. Dist. Ct. App. 1991)

. . . Next, BIV filed a verified motion to attach the condominium unit pursuant to section 76.04, Florida Statutes . . . The verified motion was sufficient under section 76.04, Florida Statutes, and is supported by the record . . . alleged that Carlos Rodriguez’s transfer of title to appellant was an attempt to defraud his creditors, § 76.04 . . . (10), Fla.Stat. (1989); that Carlos Rodriguez resides out of state, § 76.04(4), Fla.Stat. (1989); and . . .

HORDIS BROTHERS, INC. v. SENTINEL HOLDINGS, INC., 562 So. 2d 715 (Fla. Dist. Ct. App. 1990)

. . . See § 76.04(2), (3), Fla.Stat. (1989). . . . See §§ 76.04(4), Fla.Stat. (1989). . . . Id. § 76.04(4). Sentinel’s reading of the statute is incorrect. . . . As Sentinel’s action is in person-am, not in rem or quasi in rem, subsection 76.04(4) is unavailable . . . Sentinel also contends that it established entitlement to the writ under subsections' 76.04(2) and (3 . . .

M. SIMPSON, v. S. SIMPSON,, 524 So. 2d 1124 (Fla. Dist. Ct. App. 1988)

. . . with the substantive and procedural aspects of Chapter 76, Florida Statutes, relating to grounds (§§ 76.04 . . .

CERNA, v. SWISS BANK CORPORATION OVERSEAS S. A., 503 So. 2d 1297 (Fla. Dist. Ct. App. 1987)

. . . that neither prejudgment attachment nor garnishment lie under the terms of the respective statutes, §§ 76.04 . . . it appears that the debtor is “fraudulently disposing of his property” to avoid payment of a debt. § 76.04 . . .

TRANSPORTES AEREOS MERCANTILES PANAMERICANOS, S. A. v. BANCO CAFETERO,, 451 So. 2d 932 (Fla. Dist. Ct. App. 1984)

. . . .-04 Florida Statutes (1983) reads as follows: 76.04 Grounds when debt due.— The creditor may have an . . . See Section 76.04(2)(3) Florida Statutes (1983). . . . that the debtor “[i]s actually removing” or “[i]s about to remove his property out of the state,” Sec. 76.04 . . .

BURLINGTON NORTHERN RAILROAD CO. Co. Co. Co. B. St. Co. v. DEPARTMENT OF REVENUE OF STATE OF WISCONSIN,, 570 F. Supp. 585 (W.D. Wis. 1983)

. . . . § 76.04. . . .

A. M. SEAMON v. UPHAM,, 536 F. Supp. 931 (E.D. Tex. 1982)

. . . .-01, 76.02, 76.03, 76.04, 77, 78.01, 78.04, 78.05, 78.06, 78.07, 78.08, 78.09, 79.02, 79.03, 79.04, . . .

FINE, v. E. FINE,, 400 So. 2d 1254 (Fla. Dist. Ct. App. 1981)

. . . See §§ 76.04, 76.05, Fla.Stat. (1979). . . .

CONSOLIDATED FARMERS MUTUAL INSURANCE COMPANY v. ANCHOR SAVINGS ASSOCIATION, 480 F. Supp. 640 (D. Kan. 1979)

. . . National Hockey League, supra, 594 F.2d at 1299-1300; 16J Von Kalinowski, supra § 76.04[2], p. 76-41. . . .

UNIQUE CATERERS, INC. v. RUDY S FARM COMPANY,, 338 So. 2d 1067 (Fla. 1976)

. . . allegation by the creditor that he believes in the existence of one of the grounds for attachment in Section 76.04 . . . continue doing business there; (b) all officers, directors and stockholders reside out of the state. . 76.04 . . . , and that movant has reason to believe in the existence of one or more of the special grounds in § 76.04 . . .

v., 65 T.C. 1118 (T.C. 1976)

. . . indebtedness to the adjusted basis for the building, determined under the section 514 formula, was 76.04 . . . This means that the difference between 76.04 percent ($50,993.92) of the total rental income ($67,061.97 . . .

UNITED STATES v. BURLINGTON NORTHERN, INC. R., 500 F.2d 637 (9th Cir. 1974)

. . . At oral argument, appellant dropped its claim based on RCW 76.04.-380 because of failure to comply with . . . The United States may not sue under ROW 76.04.-370 as it was written in August, 1967. . . .

MARTIN v. EVANSVILLE VANDERBURGH SCHOOL CORPORATION OF EVANSVILLE, VANDERBURGH COUNTY, INDIANA,, 347 F. Supp. 816 (S.D. Ind. 1972)

. . . elementary school had risen to 59.94% at the time plaintiffs’ action was filed, and in the Wheeler school to 76.04% . . .

A. ROBINSON, G. v. LOYOLA FOUNDATION, INC. a, 236 So. 2d 154 (Fla. Dist. Ct. App. 1970)

. . . mov-ant has reason to believe in the existence of one (1) or more of the special grounds in section 76.04 . . .

PAPADAKOS, v. H. SPOONER J., 186 So. 2d 786 (Fla. Dist. Ct. App. 1966)

. . . reason to believe in the existence of one or more of the special grounds herein-before enumerated in § 76.04 . . . See Fla.Stat.1963, § 76.04(4), F.S.A. . . . .

W. A. SCHEMMER LIMESTONE QUARRY, INC. v. UNITED STATES, 240 F. Supp. 356 (S.D. Iowa 1964)

. . . Rabkin and Johnson, Vol. 5, Section 76.04(1) states that: “The taxpayer cannot extend his time for suit . . .

GENERAL FINANCE LOAN COMPANY OF MIAMI NORTH, v. WILLIAMS, Jr., 150 So. 2d 440 (Fla. 1963)

. . . The Rosen and Luciano cases, supra, involved attachments in common law actions under Sections 76.04 and . . .

HARRIS AND COMPANY ADVERTISING, INC. a v. REPUBLIC OF CUBA,, 127 So. 2d 687 (Fla. Dist. Ct. App. 1961)

. . . lands and tenements of the debtor whenever the debtor “(4) resides beyond the limits of the State,” § 76.04 . . .

LUCIANO, GALATI CONTI, v. SERVICE MACHINERY CORPORATION, INC. a, 112 So. 2d 890 (Fla. Dist. Ct. App. 1959)

. . . Secs. 76.04 and 76.09, Florida Statutes 1957, and F.S.A. . . . Secs. 76.04 and 76.09, Florida Statutes 1957, and F.S.A. Eckman v. . . .

RAYONIER INCORPORATED, a v. UNITED STATES, 225 F.2d 642 (9th Cir. 1955)

. . . . § 76.04.-370 and 76.04.450, and §§ 5807 and 5818, Rem.Rev.Stats. . . .

ST. JOSEPH STOCK YARDS CO. v. UNITED STATES, 298 U.S. 38 (U.S. 1936)

. . . He took 76.04 per cent, of the cost of reproduction new as representing the depreciated value of the . . .

ST. JOSEPH STOCK YARDS CO. v. UNITED STATES, 11 F. Supp. 322 (W.D. Mo. 1935)

. . . The Secretary used 76.04 per cent, as the condition of the structures, while petitioner contends for . . .