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Florida Statute 713.75 | Lawyer Caselaw & Research
F.S. 713.75 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 713.75

The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 713
LIENS, GENERALLY
View Entire Chapter
F.S. 713.75
713.75 Acquisition of liens by persons not in privity with the owner.A person entitled to acquire a lien not in privity with the owner of the personal property shall acquire a lien upon the owner’s personal property as against the owner and persons claiming through her or him by delivery to the owner of a written notice that the person for whom the labor has been performed or the material furnished is indebted to the person performing the labor or furnishing the material in the sum stated in the notice. A person who is performing or is about to perform labor or is furnishing or is about to furnish materials for personal property may deliver to the owner a written cautionary notice that she or he will do so. A lien shall exist from the time of delivery of either notice for the amount unpaid on the contract of the owner with the person contracting with the lienor and the delivery of the notice shall also create a personal liability against the owner of the personal property in favor of the lienor giving the notice, but not to a greater extent than the amount then unpaid on the contract between the owner and the person with whom the owner contracted. There shall be no lien upon personal property as against creditors and purchasers without notice except under the circumstances and for the time prescribed in s. 713.74 and for the amount of the debt due to the lienor at the time of the service of the notice provided for in this section.
History.RS 1743; s. 2, ch. 4582, 1897; ss. 1, 15, ch. 5143, 1903; GS 2211; RGS 3518; CGL 5381; s. 36, ch. 67-254; s. 5, ch. 69-97; s. 828, ch. 97-102.
Note.Former s. 85.26.

F.S. 713.75 on Google Scholar

F.S. 713.75 on Casetext

Amendments to 713.75


Arrestable Offenses / Crimes under Fla. Stat. 713.75
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.75.



Annotations, Discussions, Cases:

Cases from cite.case.law:

RINGHAVER EQUIPMENT COMPANY, v. BROOKS,, 565 So. 2d 841 (Fla. Dist. Ct. App. 1990)

. . . Section 713.75 is perhaps more applicable to the facts in this ease, but it reaches the same result. . . . the time of the service of the notice provided for by this section, (emphasis supplied) Under section 713.75 . . .

In DESCO MARINE, INC. ACE ELECTRIC SUPPLY COMPANY, a v. PJ L ASSOCIATES, a a St. a, 58 B.R. 40 (Bankr. M.D. Fla. 1986)

. . . Because Deseo Marine was not in privity with the plaintiff, any lien rights are governed by § 713.75 . . . constitute notice and is as a matter of law not sufficient to create a lien under the provisions of § 713.75 . . . The notice provision of § 713.75, Florida Statutes is as follows: A person entitled to acquire a lien . . .

SECURITIES AND EXCHANGE COMMISSION, v. FIRST SECURITIES COMPANY OF CHICAGO, CUSTOMER CREDITORS COMMITTEE, v. B. McKY,, 528 F.2d 449 (7th Cir. 1976)

. . . The Customer Creditors Committee has appealed (1) the awarding of $197,-713.75 to the receiver’s attorneys . . . We affirm the allowance of $197,-713.75 to the attorneys for the receiver; we reverse the denial of compensation . . .

A. ROBERTS, d b a v. FIRST FEDERAL SAVINGS LOAN ASSOCIATION OF MANATEE COUNTY,, 222 So. 2d 32 (Fla. Dist. Ct. App. 1969)

. . . attaches to the property is determined by either Section 85.25 or Section 85.26 (now § 713.74 and § 713.75 . . .

CANADA DRY BOTTLING CO. OF FLORIDA, a Co. a v. MEEKINS, INC. OF DADE COUNTY, a, 219 So. 2d 439 (Fla. Dist. Ct. App. 1969)

. . . . § 713.75(1), Fla.Stat. (1967), F.S.A. .§ 85.021, Fla.Stat. (1967), F.S.A. . See note 2. . . . .

POLICARE, v. UNITED STATES, 174 F. Supp. 782 (E.D.N.Y. 1959)

. . . loss of future earning capacity, $5,000; his pain and suffering, $5,-000; and his medical expenses, $713.75 . . .

COMMISSIONER OF INTERNAL REVENUE, v. MELDRUM FEWSMITH,, 230 F.2d 283 (6th Cir. 1956)

. . . One of the deficiencies which was so determined by the Commissioner was in the amount of $713.75 in respondent . . . the claimed deficiencies other than the deficiency in income tax in the above mentioned amount of $713.75 . . . deficiency of the income tax of 1944, which, as heretofore said, he had determined in the amount of $713.75 . . . contention that respondent’s income tax deficiency for the year ending March 31, 1944, in the amount of $713.75 . . . that the Tax Court was in error in determining that respondent’s income tax deficiency amounted to $713.75 . . .

INDIANA LIMESTONE CO. v. SMITH, 85 F. Supp. 652 (S.D. Ind. 1949)

. . . $109,873.52, but the correct amount was later determined by revenue agents’ examination to be $134,-713.75 . . .