Florida Statutes Title VI Chapter 77 - Garnishment

• 77.01 - Right To Writ Of Garnishment.
  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...
• 77.02 - Garnishment In Tort Actions.
  Before judgment against a defendant no writ of garnishment shall issue in any action sounding in tort.History.—s. 1, ch. 7352, 1917; RGS 3432; CGL 5285;...
• 77.03 - Issuance Of Writ After Judgment.
  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...
• 77.0305 - Continuing Writ Of Garnishment Against Salary Or Wages.
  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...
• 77.031 - Issuance Of Writ Before Judgment.
  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...
• 77.04 - Writ; Form.
  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...
• 77.041 - Notice To Individual Defendant For Claim Of Exemption From Garnishment; Procedure For Hearing.
  (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...
• 77.055 - Service Of Garnishee’s Answer And Notice Of Right To Dissolve Writ.
  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...
• 77.06 - Writ; Effect.
  (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...
• 77.061 - Reply.
  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...
• 77.07 - Dissolution Of Writ.
  (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...
• 77.08 - Writ; Jury Trial.
  On demand of either party a jury summoned from the body of the county shall be impaneled to try the issues.History.—s. 1, ch. 7353, 1917;...
• 77.081 - Default; Judgment.
  (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...
• 77.082 - No Reply Filed.
  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...
• 77.083 - Judgment.
  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...
• 77.13 - Execution On Garnishee’s Refusal To Surrender Property.
  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...
• 77.14 - Disposition Of Property Surrendered By Garnishee.
  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...
• 77.15 - Proceedings Against Third Persons Named In Answer.
  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...
• 77.16 - Claims By Third Persons To Garnisheed Property.
  (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...
• 77.17 - Compensation To Garnishee.
  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...
• 77.19 - Amount Retained By Garnishee.
  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...
• 77.22 - Before Judgment; Effect Of Judgment For Defendant.
  (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...
• 77.24 - Before Judgment; Discharge.
  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...
• 77.27 - No Appeal Until Fees Are Paid.
  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...
• 77.28 - Garnishment; Attorney Fees, Costs, Expenses; Deposit Required.
  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...

Last modified: September 23, 2016