Must be accompanied by a cost deposit. An original Writ of Execution must accompany the instructions for levy along with a copy of the Judgment Lien Certificate and a Creditor’s Affidavit. Cost deposits are collected in advance – F.S.S. 30.231(3)
Vehicle Cost Deposit – $3000.00
Levy instruction must be accompanied by a Department of Motor Vehicles (DMV) print-out which can be obtained by writing to:
Department of Motor Vehicles
Neil Kirkland Building
Tallahassee, FL 32301
The name(s) on the DMV print-out must match those on the Writ of Execution EXACTLY. If they do not, you must furnish an “Affidavit of Same Name” stating the reason you believe that they are one and the same person.
Stock Certificate Cost Deposit – $700.00
Must list the name of the corporation the stocks are issued in.
Real Estate – $1500.00
The levy instructions must contain a common or street address for the property. If the location is a vacant lot, you must furnish complete and specific directions to the property. A certified copy of the Final Judgment must be recorded with the Clerk of the Circuit Court in order to establish priority. A legal description and copy of warranty deed for that property must be provided by the plaintiff or the plaintiff’s attorney.
Other Personal Property and Over Sized Vehicles – Call for a Quote
Must list all items to be seized and a complete description of same.
The cost deposits are an estimate of the costs involved with a levy. Sheriff’s fees, towing, storage fees, advertising fee, recording fees, etc. Should the actual costs incurred be greater than the cost deposit, the plaintiff and/or attorney directing the levy will be responsible for any additional charges.
REQUIRED TO LEVY:
- Original instructions for levy containing the following:
- Court issuance
- Case number
- Caption of case (plaintiff vs. defendant)
- Date instructions were prepared
- Must be addressed to the Sheriff of DeSoto County
- Debtors name and last known address
- Attorney of record for debtor, address and phone (Please state if not available)
- Specifically described personal property and location of property subject to levy even if it is the same as the debtor’s address
- Real property: you must include the legal description and physical address of the property
- Balance due and owing on the Writ of Execution including interest through date of instruction
- Signature, address, phone of plaintiff, and his/her agent or attorney
- Specific paragraph stating that the plaintiff or requesting party shall be responsible for any and all costs of the levy and sale including the costs which may be involved should bankruptcy be filed. The plaintiff or requesting party shall be responsible for any wrongful levy and Sheriff will be held blameless for any damages whatsoever when following these instructions.
- Original Writ of Execution
- Judgment Lien Certificate
- Proof of ownership acquired within 30 days of the date of instructions for levy
- Original affidavit pursuant to F.S.S. 56.27(4) (a)(b)(c) (Personal Property)
- Real Property-Need affidavit of creditor or creditor’s attorney reflecting any and all liens recorded against the property F.S.S. 55-201-55-209