Florida Statutes 76.151 – Writ; execution on property changing possession
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Terms Used In Florida Statutes 76.151
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
If the property to be attached is in the possession of the defendant at the time of the issuance of the writ but passes into the possession of a third person before the execution of the writ, the sheriff holding the writ shall execute it on the property in the possession of the third person and shall serve the writ on the defendant and the third person. The action, with proper amendments, shall proceed against the third person.