Florida Statute 727.105 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLI
STATUTE OF FRAUDS, FRAUDULENT TRANSFERS, AND GENERAL ASSIGNMENTS

Chapter 727
GENERAL ASSIGNMENTS

View Entire Chapter

727.105 Actions against assignee.—

(1) An action may not be commenced against the assignee except as provided in this chapter, but nothing contained in this chapter affects any action or proceeding by a governmental unit to enforce such governmental unit’s police or regulatory power. Except in the case of a consensual lienholder enforcing its rights in personal property or real property collateral, there shall be no levy, execution, attachment, or the like in respect of any judgment against assets of the estate in the possession, custody, or control of the assignee.

(2) The assignee may:

(a) Rely on any outstanding court orders, judgments, decrees, and rules of law, and is not personally liable for the assignee’s own good faith compliance with any such orders, judgments, decrees, or rules of law.

(b) Rely on, and shall be protected in any action by, any resolution, certificate, statement, opinion, report, notice, consent, or other document believed by the assignee to be genuine and to have been signed or presented by the proper parties.

(3) The assignee is not personally liable for:

(a) The assignee’s good faith compliance with his or her duties and responsibilities as an assignee.

(b) The assignee’s acts or omissions, except upon a finding by the court presiding over an action or proceeding under this chapter that the assignee’s acts or omissions:

1. Were outside the scope of his or her duties;

2. Were grossly negligent; or

3. Constitute malfeasance.

(4)(a) Except for matters in paragraph (3)(b), any creditor or party in interest seeking to assert a claim against the assignee must look only to the assignment estate assets and any bond posted by the assignee to satisfy any liability, and the assignee is not personally liable to satisfy any such obligation.

(b) Any creditor or party in interest seeking to assert a claim against the assignee under paragraph (3)(b) must first obtain leave of the court presiding over the assignment action or proceeding based upon good cause shown.

(5) Any claim against the assignee, or any agent or professional of the assignee who assists the assignee in the administration of the estate, must be brought before the discharge of the assignee under s. 727.116 to the extent the claim has accrued and is predicated upon facts that are known or reasonably should have been known at the time of the discharge, at which point all such claims are deemed released and forever barred.

(6) This section does not alter or limit any other immunity otherwise held by the assignee or any agent or professional of the assignee who assists the assignee in the administration of the estate.

History.—s. 5, ch. 87-174; s. 5, ch. 2007-185; s. 3, ch. 2023-219.

F.S. 727.105 on Google Scholar

F.S. 727.105 on CourtListener

Amendments to 727.105

Annotations, Discussions, Cases:

Cases Citing Statute 727.105

Total Results: 3 | Sort by: Relevance | Newest First

Copy

Akin Bay Co., LLC v. Von Kahle, 180 So. 3d 1180 (Fla. 3d DCA 2015).

Cited 8 times | Published | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 18387, 2015 WL 8345357

...359, 361 (S.D.N.Y. 2003). While it could have done so, see supra note 3, the Legislature did not limit the ability of third parties to 2 See generally, Moffatt & Nichol, Inc. v. B.E.A. Int’l Corp., 48 So. 3d 896, 899 (Fla. 3d DCA 2010). 3 See, e.g., § 727.105 (prohibiting levy, execution, attachment, or the like against assets of the assignment estate, except in the case of a consensual lienholder); § 727.108(1) (authorizing an assignee to prosecute tort claims or causes of action previously...

Copy

Moffatt & Nichol, Inc. v. B.E.A. Int'l Corp., 48 So. 3d 896 (Fla. 3d DCA 2010).

Cited 6 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 15828, 2010 WL 4103149

...atutes, but only property in the hands of entities not parties to that casei.e., the proposed additional third-party defendants named in the Amended Motion for Proceedings Supplementary. In support of its argument, Moffatt directs our attention to section 727.105 of the Florida Statutes (2008), which states, in relevant part, that "[e]xcept in the case of a consensual lienholder [3] enforcing its rights in personal property or real property collateral, there shall be no levy, execution, attach...

...In contrast to the analogous automatic stay provision of the United States Bankruptcy Code, see 11 U.S.C. § 362(a) (2008), the filing by a debtor of an Assignment for the Benefit of Creditors does not automatically stay the enforcement by a consensual lienholder of its legal rights in the security. See § 727.105, Fla....

Copy

Smith v. Effective Teleservices, Inc., 133 So. 3d 1048 (Fla. 4th DCA 2014).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2014 WL 51686, 2014 Fla. App. LEXIS 144

...Authorized by section 727.110(l)(c) to avoid a voidable transfer, the assignee is a “creditor” who may bring a Chapter 726 claim. A separate section of Chapter 727 operates to bar Smith’s fraudulent transfer claim outside of the Chapter 727 proceeding. Section 727.105 provides, in pertinent part, Except in the case of a consensual lien-holder enforcing its rights in personal property or real property collateral, there shall be no levy, execution, attachment, or the like in respect of any judgment a...

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.