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.
WRIT INFO FOR PERSONS FILING WRITS
THIS INFORMATION IS PROVIDED TO ASSIST YOU IN THE PROCESS OF EVICTION AND SEEKING A WRIT OF POSSESSION.
YOU SHOULD ALWAYS CONSULT WITH YOUR OWN LEGAL COUNSEL TO ENSURE YOUR RIGHTS ARE PROTECTED AND UNDERSTAND YOUR OBLIGATIONS UNDER THE LAW.
It is the filer’s responsibility to ensure the forms are completely filled out with all pertinent information.
After filing the writ, it will be posted at the property in a reasonable amount of time.
The eviction will be completed any time after a 24 hour waiting period after the posting.
Only the persons listed on the writ will be removed from the premises.
A representative from the owner/landlord must be present when the eviction is being performed.
It is the owner/landlord’s/representative’s responsibility to provide access to the property (e.g., keys, locksmith, door open). If we have not been provided this access, we will not access the property. You are not allowed to enter the property until the deputy clears the property for all occupants listed including animals.
Once the property is cleared by the deputies for safety, you will be shown the inside of the premises.
It is your responsibility to change the locks on the door(s).
Any property of the tenant remaining in the house must be placed at the property line right away so the tenant has access to their property. Any concerns should be directed to the Sheriff’s Civil Process Unit at the courthouse 772-226-3190.
HOW THE LEVY PROCESS WORKS
Once the Indian River County Sheriff's Office has received all required paperwork and your deposit, a deputy will be sent to take possession of the listed property. Once the property has been secured, we will prepare a Notice of Sheriff's Sale that will be advertised for 4 consecutive weeks in the Press Journal.
On the sale date, a deputy will conduct the sale. The sale is a public auction to the highest bidder for cash or cashier's checks 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. Please note that there is no minimum bid.
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, all accrued interest and levy costs to date, and the $500.00 liquidation fee, without producing any money. If you are the highest bidder then the amount of your bid will be subtracted from the judgment. However, 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. Should you fail to do so, 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 during normal business hours if the defendant desires to pay you directly, to determine the levy costs to date.
WHAT WE REQUIRE
- The original writ of execution. This can be obtained from the same court that issued your judgment.
- Instructions for levy. This document is required to direct the Sheriff, in writing, to levy upon specifically described property; provide defendant's residence address, place of employment, and attorney of record, if any. This document is also required to have a "hold harmless" clause per FSS 30.30.
- Deposit. 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.
- Our current deposit amounts are as follows:
- Vehicles, Boats, Motorcycles: $2,000.00
- Dump Trucks, Heavy Equipment: $3,750.00
- Real Estate - Short Legal: $1,200.00 Long Legal: $1,750.00
PROOF OF OWNERSHIP
For motor vehicles, boats and other watercraft, we require a printout from the Indian River County Tax Collector's Office. You can contact the Tax Collector at 772-226-1338. For real estate, we require a certified copy of the Quit-Claim or Warranty Deed from the Indian River County Clerk of the Court, Recording Office. You can contact the Clerk of the Court at 772-770-5185.
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) The information required under s. 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, if any, the second judgment lien; and the date of filing for each judgment lien certificate under s. 55.202 or s. 55.204(3); and
(c) A statement that the levying creditor either does not have any other levy in process or, if another levy is in process, the levying creditor believes in good faith that the total value of the property under execution does not exceed the amount of outstanding judgments.
This is a free-form affidavit. 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.
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. However, 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. Once again, the plaintiff or their representative is strongly encouraged to be present at the sale in order to protect their interest.
Prior to the first date of publication, the Sheriff is required to send, via certified mail to the defendant, a copy of the Notice of Sheriff's Sale, Notice of Sheriff's Levy, and the aforementioned affidavit pursuant to F.S. 56.27.
Any property owned by a defendant is subject to levy, with the exception of real property protected by homestead exemption. Property 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, or some, of the owners. However, 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.
Motor vehicles, other personal property and real property, if levied upon, are subject to all existing liens, 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 Indian River County Sheriff's Office employees or their relatives.
The Indian River County Sheriff'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.
In order to ensure timely service of your process, we require the following:
- The original summons, writ, or subpoena, signed and/or sealed by the clerk of court.
- One copy of the summons, writ or subpoena.
- One copy of the complaint or petition (if applicable) and any attachments.
- A business check or money order made out to the Indian River County Sheriff's Office for $40.00 for non-enforceable civil process (such as summons, subpoenas, etc.) or $90.00 for enforceable process (such as writs of possession or replevin).
Your original paperwork will have a Sheriff's return of service. All civil and criminal process served on Indian River County cases are returned to the Indian River County Clerk of Court. we do mail the partitioner a copy of the return of service. This is part of the fee. For non-Indian River County cases, please include a stamped, self-addressed envelope to ensure our return of service and your original paperwork is returned to the correct address.