ORIGINAL SIGNED EXECUTION in compliance with F.S.S. and Fla. R. Civ. P. 1.914.
ORIGINAL OR COURT CERTIFIED COPY of the Final Judgment recorded in Monroe County.
JUDGMENT LIEN CERTIFICATE and the certification page issued by the State of Florida. You may go to www.sunbiz.org for further information on obtaining these pages.
INSTRUCTIONS FOR LEVY specifically describing the personal property to be levied upon. If a specific description is unknown or impossible to obtain prior to the levy, we will REQUIRE the plaintiff, attorney, or agent to accompany the officer to the levy and to point out the inventory specific property and have the inventory signed, dated and made a part of the Instructions for Levy as Exhibit "A". Instructions for Levy shall state the balance due on the writ and whether any payments have been made on the judgment.
INFORMATION NEEDED:
VEHICLE: BOAT:
Year, Make, Model, VIN Number, Color, Tag Number, Unique Markings, Etc.
Year, Make, Model, Hull Number, Color(s), FL Number, Unique Markings, Etc. (Do not forget to include any equipment on the boat, ie. Motor, Depth Finder, etc.) We must have the make and horsepower of the motor.
SUFFICIENT COST DEPOSIT to cover all costs and fees from levy upon property through sale and conclusion of the levy. This amount varies depending upon the property levied - please call for the cost deposit required for your particular case.
ADDRESS OF ALL PARTIES, including plaintiff(s), counsel for the plaintiff(s), defendant (s), and counsel for the defendant(s).
Assignment of Judgment-Affidavit of Assignment of Judgment, must include all assignees in the chain from plaintiff to present assignee.
Affidavit as required by F.S.S. 56.27 (4)(A)(B)(C).
Proof of ownership.
Affidavit of Identity, in the event of variance in names on the various documents. The identity of the defendant must be verified by information such as date of birth, social security number, etc.
Information concerning the judgment and property levy must be consistent through all documents. Variations must be corrected.
After the sale the plaintiff/plaintiff's attorney will be given a full accounting of all expenditures.
F1or more information applicable to your specific case, contact the Civil Division at 305-809-3041.
Court County, Florida Case: _
Plaintiff Vs.
Defendant
INSTRUCTIONS FOR LEVY PERSONAL PROPERTY
The Sheriff of Monroe County 5525 College Rd.,
Key West, Fl 33040
Date:
Dear Sir,
In the matter of Writ of Execution issued by Court, County, Florida in the above styled case, you are instructed to levy upon the following described real or personal property of the Defendant. Disclosure of the balance due on the writ as follows: $ ,plus
interest from (DATE) . (F.S. 30.30 as amended).
SPECIFIC DESCRIPTION OF PROPERTY
LOCATION OF PROPERTY:
It is understood that you as Sheriff of Monroe County, Florida, are hereby held harmless by the undersigned against liability for any loss or damage whatsoever that might be sustained by anyone whomsoever by reason of your leaving upon the above described property, and that you shall be indemnified or held blameless by the undersigned for any expense incurred by reason of claim made against you while acting in accordance with these instructions.
It is further understood and agreed that I shall pay all costs incident to this levy should the property levied upon, for any reason be not sold, including bankruptcy procedures, or if upon sale should not produce sufficient money to paid said costs, unless the costs shall have been paid by the Defendant.
Signature of Plaintiff, or Plaintiff Attorney or Agent
NOTE: Section 30.30 (3) of the Florida Statues provides that if the Sheriff is requested to levy on property not specifically described in a writ or if a third party claims an interest in specified property, he may require the Plaintiff to furnish a bond payable to the Sheriff. The bond is conditioned to hold the Sheriff harmless against liability for any loss or damage that might be sustained by anyone reason of the levy and indemnifying him for any expense incurred.
DISCLAIMER: THE SHERIFF'S OFFICE CANNOT GIVE ANY LEGAL ADVICE THIS INFORMATION IS NOT TO BE CONSIDERED LEGAL ADVICE. YOU NEED TO CONTACT AN ATTORNEY FOR ANY LEGAL ADVICE YOU NEED IN THE PREPARATION OF DOCUMENTS FOR' SHERIFF'S LEVY AND SALEOFREALORPERSONALPROPERT
Plaintiff(s)/Creditor(s)
vs.
Defendant(s)/Debtor(s)
Court/County Case No.
AFFIDAVIT PURSUANT TO F.S.S. 56.27 (4)(A)(B) AND (C) FOR PERSONAL PROPERTY
I, as Attorney of Record for the Levying Creditor (Plaintiff), or as the Levying Creditor (Plaintiff), have herein set forth all of the following as to the Judgment Debtor (Defendant/s):
That I have reviewed the database or judgment lien records established in accordance with F.S.S. 55.201-55.209 and that the information contained in this affidavit based on my review is true and correct.
That I have provided to the sheriff the information required under F.S.S. 55.203(1) and (2) for each judgment lien certificate found indexed under the name of the Judgment Debtor (Defendant/s) as to each judgment creditor, including the lien for this action, the following:
the file number assigned to the record of the original and the second judgment lien, if any;
date of filing for each judgment lien certificate under F.S.S. 55.202 or F.S.S. 55.204(3)
List all Judgment Lien Certificates_found indexed in their order of "Priority" by:
Case Style
Case Number
File Number assigned to the record of the original and second Judgment Lien, if any
Date of filing for each judgment lien
Judgment Date
Judgment amount
Interest rate
If the search of the state database conducted in preparation of the affidavit revealed no other liens except the lien for this action, a statement attesting to that effect must be included in the affidavit.
***Remember that your judgment lien must also be listed. List all required information in the affidavit.
A statement that the levying creditor either does not have any other levy in process, or if another levy is in process, they levying creditor believes in good faith that the total of the property under execution does not exceed the amount of outstanding judgments.
That I have reviewed the financing statements as provided in Part V of the F.S.S. 679 in the name of the Judgment Debtor (Defendant/s) reflecting a security interest in the property to be sold at the execution sale and, if any found filed, I have provided to Sheriff the names and addresses of all Secured Creditor(s), as listed in the financing statement, or any amendment to said statement;
If the search revealed no secured creditor liens (UCC) found, a statement attesting to that effect is included in the affidavit.
That I understand it is the responsibility of the sheriff to furnish certified mailing of NOTICE to all judgment creditors who have acquired a lien as provided in F.S.S. 55.fi02 and F.S.S. 55.204(3), all secured creditors who filed financing statements as provided in part V of Chapter 679, F.S.S., and I have provided to the sheriff said names and addresses required by F.S.S. 56.21, including:
Attorney of Record of Judgment Debtor (Defendant/s), and if debtor has no attorney, then a statement attesting to that effect is included in the affidavit;
Judgment Debtor (Defendant/s) last known address;
Attorney of Record for all Judgment Creditors as listed in the judgment lien certificate, or any amendment to said certificate;
All Judgment Creditors who do not have an attorney of record, as listed in the judgment lien certificate or any amendment to said certificate;
All Secured Creditors (UCC) as listed in the financing statement or any amendment to said statement.
