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Business Law Expert
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how do you file a writ of attachment for a boat in Florida

Resolved Question:

how do you file a writ of attachment for a boat in Florida ?
Submitted: 7 years ago.
Category: Business Law
Expert:  Business Law Expert replied 7 years ago.

Hello Customer,


Writ of Attachment (Property): You need to petition the court to provide and obtain a writ against the boat. This is a constitutionally accepted procedure ans is not a violation of owners due process right because you are required to post a bond (usually for double the amount of property) and post such monies in the court registry for the benefit of the owner in the event that the writ is not issued. You need to provide copy of bond posted with court, copy of court order for issuance of writ and levy instructions listing property being attached (attachment is not a break order; if contents are at a location that is locked, a break order is required).


Customer: replied 7 years ago.
I am very new to this so sorry if this is stupid question - how do you determine the price of the bond ? All I know is the decal # XXXXX make/yr of boat. Also, I already have a judgment against him but could not garnish his bank acct b?c he is head of household - does the judgment make a difference as to what I do ? When does the Sheriff get involved ?
Expert:  Business Law Expert replied 7 years ago.

You do not need to know the exact value of the boat. Whatever the debt is that you are trying to collect or are owed it is normally double that.


If within sixty (60) days after entry of a judgment awarding money damages and/or costs against a party or within sixty (60) days after final resolution of an appeal to the appellate court from such a judgment, it is made to appear to the Court that the judgment debtor has not paid the judgment amount in full or commenced making installment payments in a manner agreed to by the parties, or is not current in such payments owed to the creditor, the Court shall upon motion of the judgment creditor, issue an order to the debtor to show cause why a writ of attachment should not issue. Such order shall fix the date and time for hearing, which shall be no sooner than five (5) business days from the issuance of the order. The order shall inform the debtor he may file an affidavit on his behalf with the Court and may appear and present testimony on his behalf at the time of such hearing and if he fails to appear, the writ of attachment shall issue. Following the hearing, the Court may have the property of the judgment debtor attached as security for satisfaction of the judgment.


Upon issuing a writ of attachment, the Court shall order the judgment debtor to appear before it and answer under oath regarding all his personal property. The Court shall then determine what property of the judgment debtor is available for execution and order the tribal police to seize as much of such property as reasonably appears necessary to pay any judgment meeting the standards for payment under this chapter.


Failure of the judgment debtor to appear may be deemed a contempt of court and the Court may proceed without such appearance. Any sale of seized property shall be at public auction conducted by the tribal police after giving at least ten (10) business days public notice posted in at least three conspicuous public places on the reservation. Property shall be sold to the highest bidder who shall make payment for the property at the time of sale. The person conducting the auction such in his discretion if there is inadequate response to the auction or the bidding, and may reschedule such upon giving the required notice. The person conducting the sale shall give a certificate of sale to the purchaser and shall make a return to the Court reciting the details of the sale.


The Court shall only order seizure and sale of such property of the judgment debtor to satisfy a money judgment the loss of which will not impose an immediate substantial hardship on the judgment debtor's immediate family.


The writ shall describe the real or personal property involved in enough detail to enable the Sheriff to locate such property, and shall authorize a Sheriff Officer to take possession of specified real or personal property from a wrongful holder and deliver possession to the party indicated on the writ. If real or personal property is within the jurisdiction of the Court, it may enter a judgment divesting the title of any party and vesting it in others and such judgment has the effect of a conveyance executed in due form of law.


Expert:  Business Law Expert replied 7 years ago.
Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Thank you.
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