Fl. R. Civ. P. form 1.909

As amended through November 4, 2024

Form 1.909 - DISTRESS

DISTRESS WRIT

THE STATE OF FLORIDA:

To the Sheriff of .......... County, Florida:

YOU ARE COMMANDED to serve this writ and a copy of the complaint on defendant ..........

This distress writ subjects all property liable to distress for rent on the following property in .......... County, Florida:

(describe property)

Each defendant is enjoined from damaging, disposing of, secreting, or removing any property liable to be distrained from the rented real property after the time of service of this writ until the sheriff levies on the property or this writ is vacated or the court otherwise orders. If a defendant does not move for dissolution of the writ, the court may order the sheriff to levy on the property liable to distress forthwith after 20 days from the time the complaint in this action is served. The amount claimed in the complaint is the sum of $..........with interest and costs.

DATED on ..........

___________

Judge

Fl. R. Civ. P. form 1.909

Amended by 391 So.2d 165, effective 1/1/1981; added by 211 So.2d 174, effective 10/1/1968.

Committee Notes

1980 Amendment. This form is substantially revised to comply with the statutory changes in section 83.12, Florida Statutes, as amended in 1980 to overcome the unconstitutionality of distress proceedings. See Phillips v. Guin & Hunt, Inc., 344 So. 2d 568 (Fla. 1977). Because the revision is substantial, no struck-through or underscored type is indicated.