Chapter 77 — Chapter 77
25 sections in this chapter.
Fla. Stat. § 77.01 Right to writ of garnishment
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Every person or entity who has sued to recover a debt or has recovered judgment in any court against any person or entity has a right to a writ of garnishment, in the manner hereinafter provided, to subject any debt due to defendant by a third person or any debt not evidenced by …
Fla. Stat. § 77.02 Garnishment in tort actions
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Before judgment against a defendant no writ of garnishment shall issue in any action sounding in tort.
Fla. Stat. § 77.03 Issuance of writ after judgment
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After judgment has been obtained against defendant but before the writ of garnishment is issued, the plaintiff, the plaintiff’s agent or attorney, shall file a motion (which shall not be verified or negative defendant’s exemptions) stating the amount of the judgment. The motion m…
Fla. Stat. § 77.0305 Continuing writ of garnishment against salary or wages
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Notwithstanding any other provision of this chapter, if salary or wages are to be garnished to satisfy a judgment, the court shall issue a continuing writ of garnishment to the judgment debtor’s employer which provides for the periodic payment of a portion of the salary or wages …
Fla. Stat. § 77.031 Issuance of writ before judgment
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Before judgment has been obtained by the plaintiff against the defendant:(1) A writ of garnishment shall be issued by the court or by the clerk on order of the court.(2) To obtain issuance of the writ, the plaintiff, or the plaintiff’s agent or attorney, shall file in the court w…
Fla. Stat. § 77.04 Writ; form
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The writ shall require the garnishee to serve an answer on the plaintiff within 20 days after service of the writ stating whether the garnishee is indebted to the defendant at the time of the answer, or was indebted at the time of service of the writ, plus up to 1 business day fo…
Fla. Stat. § 77.041 Notice to individual defendant for claim of exemption from garnishment; procedure for hearing
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(1) Upon application for a writ of garnishment by a plaintiff, if the defendant is an individual, the clerk of the court shall attach to the writ the following “Notice to Defendant”:NOTICE TO DEFENDANT OF RIGHT AGAINSTGARNISHMENT OF WAGES, MONEY,AND OTHER PROPERTYThe Writ of Garn…
Fla. Stat. § 77.055 Service of garnishee’s answer and notice of right to dissolve writ
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Within 5 days after service of the garnishee’s answer on the plaintiff or after the time period for the garnishee’s answer has expired, the plaintiff shall serve, by mail, the following documents: a copy of the garnishee’s answer, and a notice advising the recipient that he or sh…
Fla. Stat. § 77.06 Writ; effect
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(1) Service of the writ shall make garnishee liable for all debts due by him or her to defendant and for any tangible or intangible personal property of defendant in the garnishee’s possession or control at the time of the service of the writ or at any time between the service an…
Fla. Stat. § 77.061 Reply
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When any garnishee answers and plaintiff is not satisfied with the answer, he or she shall serve a reply within 20 days thereafter denying the allegations of the answer as he or she desires. On failure of plaintiff to file a reply, the answer shall be taken as true and on proper …
Fla. Stat. § 77.07 Dissolution of writ
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(1) The defendant, by motion, may obtain the dissolution of a writ of garnishment, unless the petitioner proves the grounds upon which the writ was issued and unless, in the case of a prejudgment writ, there is a reasonable probability that the final judgment in the underlying ac…
Fla. Stat. § 77.08 Writ; jury trial
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On demand of either party a jury summoned from the body of the county shall be impaneled to try the issues.
Fla. Stat. § 77.081 Default; judgment
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(1) If the garnishee fails to answer as required, a default shall be entered against him or her.(2) On the entry of judgment for plaintiff, a final judgment shall be entered against the garnishee for the amount of plaintiff’s claim with interest and costs. No final judgment again…
Fla. Stat. § 77.082 No reply filed
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If no reply to garnishee’s answer is served, garnishee may surrender any goods, chattels, or effects of defendant in garnishee’s hands or possession to the sheriff and may pay any money or debt into registry of court. In such event or if garnishee prevails in the trial of any rep…
Fla. Stat. § 77.083 Judgment
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Judgment against the garnishee on the garnishee’s answer or after trial of a reply to the garnishee’s answer shall be entered for the amount of his or her liability as disclosed by the answer or trial. Instead of scire facias, the court may subpoena the garnishee to inquire about…
Fla. Stat. § 77.13 Execution on garnishee’s refusal to surrender property
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If garnishee will not surrender the personal property belonging to defendant, provided he or she has the power to do so, and which garnishee has admitted is in his or her possession, the court may order execution issued against garnishee for the unpaid amount of plaintiff’s judgm…
Fla. Stat. § 77.14 Disposition of property surrendered by garnishee
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When any garnishee has any of the personal property of defendant in his or her possession or control and surrenders it, the sheriff shall receive the property and sell it under the execution against defendant.
Fla. Stat. § 77.15 Proceedings against third persons named in answer
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If the answer of garnishee shows that there is any of defendant’s personal property in the possession or control of any person who has not been garnisheed, on motion of plaintiff a writ of garnishment shall issue against the person having personal property of the defendant and th…
Fla. Stat. § 77.16 Claims by third persons to garnisheed property
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(1) If any person other than defendant claims that the debt due by a garnishee is due to that person and not to defendant, or that the property in the hands or possession of any garnishee is that person’s property and shall make an affidavit to the effect, the court shall impanel…
Fla. Stat. § 77.17 Compensation to garnishee
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The garnishee shall be allowed the pay of a witness for the garnishee’s attendance out of the debt owed to defendant or the property in the garnishee’s possession. If there is no debt or property in the garnishee’s possession, the allowance shall be against plaintiff.
Fla. Stat. § 77.19 Amount retained by garnishee
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No garnishee who is indebted to or has in his or her possession the money of a person whose money or credits may be garnisheed shall retain out of the money more than double the amount which the writ of garnishment specifies as the amount plaintiff expects to recover or more than…
Fla. Stat. § 77.22 Before judgment; effect of judgment for defendant
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(1) If the judgment is for defendant in the main action, plaintiff shall pay all costs which have accrued in consequence of suing out a writ of garnishment before judgment and the money or property brought into the registry of the court or custody of the officer thereby inures to…
Fla. Stat. § 77.24 Before judgment; discharge
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At any time before the entry of judgment, a defendant whose property has been garnisheed may secure its release by giving a bond with surety to be approved by the clerk in at least double the amount claimed in the complaint with interest and costs, or if the value of the property…
Fla. Stat. § 77.27 No appeal until fees are paid
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If the writ is dismissed or plaintiff fails to sustain his or her claim, an appeal from the judgment is not permitted until the attorney fee provided in s. 77.28 has been paid.
Fla. Stat. § 77.28 Garnishment; attorney fees, costs, expenses
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Upon issuance of any writ of garnishment, the party applying for it shall pay $100 to the garnishee on the garnishee’s demand at any time after the service of the writ for the payment or part payment of his or her attorney fee which the garnishee expends or agrees to expend in ob…