Levy Instructions

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Levy Instructions

REQUIREMENTS FOR LEVY ON REAL PROPERTY

  1. Writ of Execution-Original Writ of Execution issued by the court or E-Filed Writ with the E-File #, date and time, electronic name and seal by the court of record, plus two (2) copies. 
  2. One legible certified recorded judgment and three (3) copies. 
  3. Instructions for Levy -- Original and two (2) copies. Legal description, folio # and street address of property located in Broward County is required. 
  4. Copy of Title Report for Real Property to be levied. Report must verify legal description, folio # and street address. 
  5. Copy of Judgment Lien Certificate issued by the Department of State (www.sunbiz.org/) and copy of the amendment page, if any amendments have been made. 

  6. Notarized Affidavit Pursuant to Florida Statutes 56.27(4) (a) (b) (c) attesting that you have reviewed the public records of the county in which the property is located. The affidavit must include all certified, recorded judgments, liens, mortgages, UCC Financing Statements, etc., filed against the Judgment Debtor, as set forth in the amendments listed in Senate Bill 412, and if applicable state that there are no other liens. If there are prior liens, affidavit must include name, address of creditor(s) and/or their attorney, date recorded and amount of lien as required by Florida Statute 56.21. Finally, you must attest that the affidavit is based on your review and that the information contained therein is true and correct.

REQUIREMENTS FOR LEVY ON PERSONAL PROPERTY

  1. Writ of Execution-Original (certified) Writ of Execution issued by Court of record and two (2) copies
  2. Copy of judgment and two (2) copies

  3. Instruction for Levy-Original and two (2) copies It is the responsibility of the levying creditor to specifically describe personal property that is be levied upon, §30.30, Florida Statutes and provide a street address in Broward County where items may be located.

    1. Personal Property: Can only levy upon property titles in the name of the Debtor. If the property is held jointly, judgment must be against both parties. Can only levy on cash as part of the assets of a business. CANNOT levy upon entireties property, unless the judgment is against both the husband and wife.
    2. Vehicles: Vehicles ID number is required and an address of where the vehicle may be found during business hours. If the vehicle is titled in the name of two (2) people (debtor and another person) Levy cannot be completed. Statutory service fee $50.00 Plus $1,000.00 cost deposit is required.
    3. Business Assets: Full description of items to be taken and a street address in Broward County where items can be located. NOTE: Fixtures cannot be levied upon. Statutory service fee $50.00 plus 3,500.00 required.
    4. Boats and Water Vessels: Location of the vessel, Fl. and decal number of documentation number and port of documentation are required. Also advise if the vessel is in/out of the water. If vessel is on a trailer, the ID number and Tag number of the trailer must be provided.
    5. Aircraft: Complete description of the aircraft, its location, the FAA registration and Tail number are required. Levy instructions must include Log books and maintenance records.
  4. Copy of Judgment Lien Certificate issued by the Department of State (www.sunbiz.org/jlien_how_to.html) as well as a copy of the amendment page, if any amendments have been made.
  5. Creditor's Affidavit: Pursuant to Florida Statutes 56.27(4) (a) (b) (c) attesting that you have reviewed the Judgment Lien and UCC Financing Statement records. The Affidavit must include all Judgment Liens and UCC Financing Statements, filed against the Judgment Debtor or state that there are no other Judgment Liens or UCC Financing Statements recorded against the Judgment Debtor as set forth in the amendments listed on Senate Bill 412 (2009). If there are prior liens, affidavit must include Name, Address of Creditor(s) and/or their Attorney, Date recorded and Amount of Lien. Finally, you must attest that the affidavit is based on your review and that the information contained therein is true and correct.

EXECUTIONS

When sending in Levy instructions, the following additional information is required to mail out Sales Notices after Levy: Name and Address of Attorney of Record for defendant, current or last known address of defendant, or other parties that should be notified of sale. When estimating cost deposits, a standby charge of $40 per hour, per Deputy, (rate assessed in hourly increments) will be included in the estimate to cover Deputy's time at location after the first hour.

PLEASE CALL THE CIVIL DIVISION FOR ALL ENFORCEABLE WRITS REQUIREMENTS AND DEPOSIT COSTS PRIOR TO SUBMITTING WRITS. THESE COST DEPOSITS ARE ONLY AN ESTIMATE OF THE ANTICIPATED CHARGES. IF CHARGES EXCEED THE ESTIMATE, THE ADDITIONAL FUNDS MUST BE PAID IMMEDIATELY UPON REQUEST.

TYPE OF LEVYCOST OF SERVICE
Each Levy Fee; See the following for fee and instruction$50 Plus $40 service fee regardless of the number of services.
Real Estate; Legal description and street address is required on Levy instructions.$700 cost deposit, plus $50 Levy fee for each parcel and $40 service fee regardless of the number of services
Vehicles: provide description of vehicle, tag number vehicle ID number, include address where vehicle can be found during normal working hours. 
$1,000 cost deposit, plus $50 Levy fee and $40 service fee regardless of the number of services to submitting your levy packet to the Sheriff, **Please see below** MAC'S TOWING 954-923-8218 WESTWAY TOWING 954-731-1115
Assets of Business: Must provide specific inventory of business assets.$3,500 cost deposit, plus $50 Levy fee and $40 service fee regardless of the number of services. Total estimated fee $3,590.00. **Please see below** Deposit may vary depending on size of business
Personal Assets: Can Levy if person is single. If married, the judgment must be against both husband and wife. Provide specific inventory of household furnishings.$3,500 cost deposit, plus $50 Levy fee and $40 service fee regardless of the number of services.  Total estimated fee is $3,590.00 **Pease see below** Deposit may vary depending on size of home.

Jewelry or Stock Certificates: Defendants must voluntarily turn over inventory

$500 cost deposit, plus $50 Levy fee and $40 service fee regardless of the number of services

Boats: Provide location of boat, description and size, name of the boat, FL. and decal number or documentation number and Port of Documentation. Also advise if boat is in or out of the water.$1,500.00 cost deposit, plus $50 Levy fee and $40 service fee regardless of the number of services. **Please see below** National Liquidators: 954-791-9601
Airplanes: Provide description of airplane, location and aircraft registration number.$1,500.00 cost deposit, plus $50 Levy fee and $40 service fee regardless of the number of services. **Please see below** National Liquidators: 954-791-9601

**Plaintiff/Levying Creditor must make arrangements to pay any storage charges directly to the storage companies prior to submitting the levy and execution packet. The listed storage companies must have received payment in full prior to the date of Sheriff's sale in order to avoid cancellation of sale**

BREAK ORDER REQUIREMENT; MUST BE CERTIFIED AND CONTAIN ADDRESS OF PREMISES TO BREAK AN ADDITIONAL $500.00 DEPOSIT IS REQUIRED.

Sheriff of Broward County/Civil Division
Location: 2601 W.Broward Blvd., Ft. Lauderdale, Fl. 33312
Mailing Address: P.O. Box 9507, Ft. Lauderdale, Fl., 33310
Phone: (954) 831-8343
Fax: (954) 321-5026
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