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FL · rules

Fla. R. Civ. P. Form 1.909

Distress

activein force · 2026-04-01 – presentact-effective-date

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

History

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.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
76098a95b4ed438a2f3497e66207c21ed52f60f7ec8e8dc6ea38ae078ab1a4a2
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Fla. R. Civ. P. Form 1.909 — Distress · binding.law