Florida Rules of Civil Procedure

Civil Procedure

Form 1.914(c) – AFFIDAVIT OF CLAIMANT IN RESPONSE TO NOTICE TO APPEAR

AFFIDAVIT OF CLAIMANT IN RESPONSE TO NOTICE TO APPEAR

BEFORE ME, the undersigned authority, appeared…(name of claimant or claimant’s agent)….., who, after being first duly sworn, deposes and states, under penalty of perjury:

1. I am the ….(claimant, or identify relationship to claimant)..

2. I (or claimant) was served with a Notice to Appear on…(date)..

3. I (or claimant) own(s) and am/is entitled to possession of…(describe the property, debt, or other obligation due to the judgment debtor identified in the Notice to Appear)…

4. This property should not be applied to satisfy the judgment because…(state all reasons why the property, debt, or other obligation due to the judgment debtor identified in the Notice to Appear should not be applied to satisfy the judgment)..

5. (Select a or b)

a. I (or claimant) request(s) a trial by jury on all issues so triable.

b. I (or claimant) request(s) a non-jury trial on all issues.

FURTHER AFFIANT SAYETH NAUGHT.

Dated:____________

________________________

Signature of Affiant

Printed Name:________________________

STATE OF ________________________________

COUNTY OF ______________________________

Sworn to or affirmed and signed before me on this ___ day of ____________________, 20___ by (name of affiant)_________________________, who is personally known to me or who has produced _____________________, as identification and who did take an oath.

_________________________

NOTARY PUBLIC, STATE OF

…..(Print, Type or Stamp Commissioned Name of Notary Public) …..

Fla. R. Civ. P. 1.914(c)

Adopted by 244 So.3d 1009, effective 7/2/2018; adopted May 31, 2018, effective July 1, 2018; amended by 391 So.2d 165, effective 1/1/1981.

Committee Notes

1980 Amendment. The description of the property to be levied on has to be made general so it encompasses all property subject to execution under section 56.061, Florida Statutes (1979).

2018 Adoption. Form 1.914(c) is used by a claimant to respond to a Notice to Appear under section 56.29(2), Florida Statutes. Legal defenses need not be filed under oath, but must be served contemporaneously with the affidavit. If the claimant’s property has already been levied upon, he or she may obtain possession of the property by filing with the officer having the execution a copy of this affidavit and by furnishing the officer a bond with surety, as set forth in section 56.16, Florida Statutes.