* *注意* *
庆祝节日, the 利昂县警长’s Office will not be posting or executing any Writ of Possession starting Friday, 12月22日, 2023年，到周二结束, 12月26日, 2023.
然而, writs may still be dropped off at our Civil Unit office at 313 S. 卡尔豪圣. 正常营业时间内. They will be processed in the order received when we resume service on Wednesday, December 27, 2023.
We thank you for your patience and understanding.
The Sheriff has no authority to demand payment on judgments or liens. He is required by law to levy upon and sell specifically described property to satisfy the execution issued.
征费程序如何运作:
Once the 利昂县警长’s Office has received all required paperwork and your deposit, a deputy will be sent to take possession of the listed property. 一旦财产得到担保, we will prepare a Notice of Sheriff’s Sale that will be advertised for 4 consecutive weeks in the Tallahassee Advertiser, 当地报纸.
Once the sale date has arrived, a deputy will conduct the sale. The sale is a public auction to the highest bidder for cash-in-hand only. No checks, money orders, or credit cards are accepted as payment. Should the highest bidder not have the cash in hand, the second highest bidder wins the bid at their bid price. 请注意，没有最低出价.
The plaintiff or their representative has the opportunity to employ a credit bid at the sale. This means that you can bid up to the amount of your judgment, 迄今为止所有应计利息及征费, 还有500美元.00 liquidation fee, without producing any money. If you are the highest bidder then the amount of your bid will be subtracted from the judgment. 然而, all costs will be deducted from your deposit. If you bid over the amount of the judgment then you will be responsible for producing the necessary amount in cash at the time of the sale . 你应该不这样做吗, then the second highest bidder will be offered the property at their bid price. All plaintiffs are advised to be present at the sale in order to protect their interest.
Should the property fail to sell, the property will be returned to the defendant at your cost.
Should the defendant wish to satisfy the judgment, they can contact this office to obtain a current payoff amount. This amount will include the judgment, all accrued interest to date, the $500.00 liquidation fee, and all costs incurred from your deposit. Full payoff by the defendant immediately cancels the sale and returns the property to the defendant. Please contact this office 正常营业时间内 if the defendant desires to pay you directly, 厘定至今的征款成本.
我们需要:
- 执行令状正本. This can be obtained from the same court that issued your judgment.
- 征费说明. This document is required to direct the Sheriff, 以书面形式, to levy upon specifically described property; provide defendant’s residence address, 工作地点, 律师的记录, 如果有任何. This document is also required to have a "hold harmless" clause per FSS 30.30.
- 存款. The Florida Supreme Court has ruled that the Sheriff shall require a deposit in advance to cover all costs in connection with the handling of an execution or he is personally liable for such costs if not paid. 我们目前的存款金额如下:
- 汽车: $1700.00
- 船: $1600.00
- 房地产: $600.00
12月1日生效st 我们的存款金额如下:
- 汽车: $2,000.00
- 船: $2,000.00
- 房地产: $2,000.00
For levy on other personal property, contact this office for cost deposits. The cost to levy upon personal property other than motor vehicles, 船, 或者房地产是2美元,000.00. The above deposits are based on costs required to conduct past levies and are not negotiable. These deposit amounts are subject to change without notice, please contact this office for current deposit amounts.
56.27岁的证词
We require an affidavit as defined in Florida Statute 56.27:(4)
On or before the date of the first publication or posting of the notice of sale provided for under s. 56.21, the levying creditor shall file an affidavit setting forth the following as to the judgment debtor:
(a) An attestation that the levying creditor has reviewed the database or judgment lien records established in accordance with ss. 55.201 55.209 and that the information contained in the affidavit based on that review is true and correct;
(b)第5条所要求的资料. 55.203(1) and (2) for each judgment lien certificate indexed under the name of the judgment debtor as to each judgment creditor; the file number assigned to the record of the original and, 如果有任何, the second judgment lien; and the date of filing for each judgment lien certificate under s. 55.202或s. 55.204(3); and
(c) A statement that the levying creditor either does not have any other levy in process or, 如果另一项征费正在进行中, the levying creditor believes in good faith that the total value of the property under execution does not exceed the amount of outstanding judgments.
这是一份格式自由的宣誓书. In order to avoid undue delays in the execution and levy process, we require this affidavit be filed in our office prior to levy. Additionally please provide a copy of your judgment lien certificate.
所有权证明:
机动车辆, 船和其他水上工具, we require a printout from the Department of Highway Safety and Motor Vehicles. 您可以拨打850-617-2000与DHSMV联系. 对于房地产, we require a certified copy of the Quit-Claim or Warranty Deed from the 利县 Clerk of the Court, 记录办公室. You can contact the Clerk of the Court at 850-577-4030. 从任何其他来源(例如.e. internet searches) is not considered legal proof and will not be accepted.
一般信息:
Please note that you are directly responsible for all costs incurred in the levy process. Should the property sell for a sufficient amount, your entire deposit will be returned to you. 然而, should the property not sell for an amount sufficient to cover all costs and Sheriff’s fees, the remainder will be deducted from your deposit.
The levy process is not guaranteed to be successful. 再一次, the plaintiff or their representative is strongly encour年龄d to be present at the sale in order to protect their interest.
在第一次出版日期之前, 原告被要求发送, 通过挂号信寄给被告, 治安官卖地公告的副本, 治安官征召通知, and the aforementioned affidavit pursuant to F.S. 56.27. The 2 Notices will be provided to you by this office.
Any property owned by a defendant is subject to levy, with the exception of real property protected by homestead exemption. 财产 held in the name of multiple parties (i.e. John Doe and Jane Doe) is not subject to levy when judgment is against only one, 或者一些, 业主的. 然而, property registered in an or fashion (i.e. John Doe or Jane Doe) may be levied upon even if the judgment only lists one of the individuals.
机动车辆, 其他个人财产和不动产, 如果被征收, 是否受所有现有留置权的约束, and potential buyers will be notified of this prior to sale.
A $500.00 liquidation fee will be collected from the defendant in the event they choose to satisfy the execution prior to the sale. In the event that the sale proceeds, this fee will be deducted from the sale amount. This amount goes to the levying plaintiff/creditor. This liquidation fee does not count towards satisfaction of the judgment.
The bidding is open to the general public (including the defendant), with the exception of 利昂县警长’s Office employees or their relatives.
The 利昂县警长’s Office does not put levies on hold, unless some clarification is needed from the court in order to proceed. If you request that we stop a levy and cancel the sale, all paperwork and the remainder of the deposit will returned to you.
详细联系方式
You may contact the Civil Unit directly at 850-606-3450 between 8:00 am and 5:00 pm, Monday – Friday.
我们的通讯地址是:
办事员:民事科
利昂县警长办公室
P.O.727箱
塔拉哈西，佛罗里达州32302
我们的街道地址是:
办事员:民事科
利昂县警长办公室
卡尔霍恩大街313号.
塔拉哈西，佛罗里达州32301