(1) When plaintiff states in a motion for attachment that defendant has real or personal property in some county other than the one in which the action was instituted, a writ of attachment, original or ancillary, shall be issued and delivered to the sheriff of the county where the property is situate. The officer shall execute the writ and hold the property levied on subject to the order of the court from which the writ issued, which court has the power to order the delivery thereof to the sheriff of the county where the action was commenced or order the officer executing the writ to hold and dispose of it in his or her county.
(2) When any real property is levied on under this section, the officer levying the writ shall file a written notice of levy with the clerk of the circuit court for the county in which the property is located, which notice shall contain a description of the property levied on. The record shall be notice to all persons of the levy. If the attachment is dissolved or the action is dismissed, or for any reason the property ceases to be bound by the attachment, on due proof thereof the clerk shall note this on the record of the levy.
History.—s. 2, ch. 3721, 1887; RS 1650; GS 2114; RGS 3415; CGL 5268; s. 26, ch. 67-254; s. 376, ch. 95-147.
Structure Florida Statutes
Title VI - Civil Practice and Procedure
76.02 - Attachment of Corporate Stock.
76.03 - Courts From Which Attachments Shall Issue.
76.04 - Grounds When Debt Due.
76.05 - Grounds When Debt Not Due.
76.06 - Effect of Attachment Upon Unmatured Debt.
76.07 - Attachment in Aid of Foreclosure.
76.08 - Procurement of Attachment; Generally.
76.10 - Motion When Debt Not Due.
76.11 - Motion for Attachment in Aid of Foreclosure.
76.151 - Writ; Execution on Property Changing Possession.
76.16 - Writ; Levy in Other Counties.
76.17 - Writ; Levy Upon Property Removed From County Pending Levy.
76.18 - Return of Property Upon Forthcoming Bond.
76.19 - Return of Property Upon Bond to Pay Debt.
76.20 - Replevy of Property Taken by Attachment.
76.21 - Claims of Third Parties to Attached Property.
76.22 - Custody of Attached Property; Sale of Perishables.
76.24 - Dissolution of Attachment.
76.25 - Effect of Dissolution.