Obtaining a final judgment in
Florida does not mean you automatically get paid. Many Attorneys/Pro se
Plaintiffs obtain a Judgment and are not sure how to enforce their Judgment and
instead end up shoving it into a file that collects dust on a shelf and they
hope someday they will get paid. Unless the Debtor volunteers to make payments
(which is extremely rare), you will have to take subsequent proactive steps to
collect on your judgment. One way to collect on a money judgment is through
Garnishment Proceedings.
[i]
Garnishment is a statutory
procedure controlled by Florida Statutes Chapter 77, which was not known to the
common law.
[ii] Statutory requirements
of garnishment
must be strictly complied with.
[iii] Failure
to strictly comply with the Garnishment statutory procedure may result in
having the final summary judgment of garnishment set aside and waste
unnecessary judicial labor.
[iv] Unfortunately
not all attorneys/pro se Plaintiffs are able to strictly comply with the
Garnishment statutory procedure because they are not familiar with all of the
statutory requirements of Garnishment.
Below I am posting the entire
Garnishment Statute Chapter 77 so that you can familiarize yourself with it
prior to trying to initiate any Garnishment Proceedings against your judgment
Debtor.
GARNISHMENT
77.01 Right to writ of
garnishment.
77.02 Garnishment in tort
actions.
77.03 Issuance of writ after
judgment.
77.0305 Continuing writ of
garnishment against salary or wages.
77.031 Issuance of writ before
judgment.
77.04 Writ; form.
77.041 Notice to individual
defendant for claim of exemption from garnishment; procedure for hearing.
77.055 Service of garnishee’s
answer and notice of right to dissolve writ.
77.06 Writ; effect.
77.061 Reply.
77.07 Dissolution of writ.
77.08 Writ; jury trial.
77.081 Default; judgment.
77.082 No reply filed.
77.083 Judgment.
77.13 Execution on garnishee’s
refusal to surrender property.
77.14 Disposition of property
surrendered by garnishee.
77.15 Proceedings against third
persons named in answer.
77.16 Claims by third persons to
garnisheed property.
77.17 Compensation to garnishee.
77.19 Amount retained by
garnishee.
77.22 Before judgment; effect of
judgment for defendant.
77.24 Before judgment; discharge.
77.27 No appeal until fees are
paid.
77.28 Garnishment; attorney fees,
costs, expenses; deposit required.
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 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 a negotiable
instrument that will become due absolutely through the passage of time only to
the defendant by a third person, and any tangible or intangible personal
property of defendant in the possession or control of a third person. The
officers, agents, and employees of any companies or corporations are third
persons in regard to the companies or corporations, and as such are subject to
garnishment after judgment against the companies or corporations.
History.—s. 1, ch. 43, 1845; s.
1, ch. 3738, 1887; RS 1666; s. 1, ch. 4136, 1893; GS 2130; s. 1, ch. 6910,
1915; RGS 3431; CGL 5284; s. 27, ch. 67-254; s. 21, ch. 2000-258; s. 14, ch.
2001-154.
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; s. 27, ch. 67-254.
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 motion (which shall not be verified or negative
defendant’s exemptions) stating the amount of the judgment. The motion may be
filed and the writ issued either before or after the return of execution.
History.—ss. 1, 14, ch. 43, 1845;
RS 1667; s. 1, ch. 4393, 1895; GS 2131; RGS 3433; CGL 5286; s. 27, ch. 67-254;
s. 383, ch. 95-147; s. 13, ch. 2005-241.
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 writ of garnishment to the judgment debtor’s
employer which provides for the periodic payment of a portion of the salary or
wages of the judgment debtor as the salary or wages become due until the
judgment is satisfied or until otherwise provided by court order. A debtor’s
status as an employee of the state or its agencies or political subdivisions
does not preclude a judgment creditor’s right to garnish the debtor’s wages.
For the purposes of this section, the state includes the judicial branch and
the legislative branch as defined in s. 216.011. The state, for itself and for
its agencies and subdivisions, waives sovereign immunity for the express and
limited purpose necessary to carry out this section. The court shall allow the
judgment debtor’s employer to collect up to $5 against the salary or wages of
the judgment debtor to reimburse the employer for administrative costs for the
first deduction from the judgment debtor’s salary or wages and up to $2 for
each deduction thereafter. The funds collected by the state under this section
must be deposited in the Department of Financial Services Administrative Trust
Fund for purposes of carrying out this section.
History.—s. 1, ch. 88-295; s. 2,
ch. 93-69; s. 1, ch. 93-256; s. 107, ch. 2003-261.
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 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 where the action is pending a verified motion or affidavit alleging by
specific facts the nature of the cause of action; the amount of the debt and
that the debt for which the plaintiff sues is just, due, and unpaid; that the
garnishment is not sued out to injure either the defendant or the garnishee;
and that the plaintiff believes that the defendant will not have in his or her
possession, after execution is issued, tangible or intangible property in this
state and in the county in which the action is pending on which a levy can be
made sufficient to satisfy the plaintiff’s claim. The writ of garnishment shall
set forth a notice to the defendant of the right to an immediate hearing for
dissolution of such writ pursuant to s. 77.07. Upon issuance of the writ of
garnishment, the clerk of the court shall provide by mail a copy of the writ to
the defendant.
(3) Except when the plaintiff has
had an attachment writ issued, no writ of garnishment before judgment shall
issue until the plaintiff, or the plaintiff’s agent or attorney, gives a bond
with surety to be approved by the clerk payable to the defendant in at least
double the amount of the debt demanded, conditioned to pay all costs, damages,
and attorney’s fees that the defendant sustains in consequence of the
plaintiff’s improperly suing out the writ of garnishment. A garnishment bond is
not void or voidable because of an informality in it, nor shall the obligors be
discharged because of the informality, even though the garnishment is dissolved
because of the informality.
(4) The motion or pleading need
not negative any exemptions of the defendant.
History.—s. 11, ch. 43, 1845; RS
1680; s. 1, ch. 4393, 1895; GS 2144; s. 2, ch. 6910, 1915; RGS 3446; CGL 5299;
s. 2, ch. 29737, 1955; s. 27, ch. 67-254; s. 1, ch. 83-97; s. 8, ch. 85-80; s. 384,
ch. 95-147.
Note.—Former s. 77.18.
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 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 for the garnishee to act expeditiously on the writ,
or at any time between such times; in what sum and what tangible or intangible
personal property of defendant the garnishee has in his or her possession or
control at the time of his or her answer, or had at the time of the service of
the writ, or at any time between such times; and whether the garnishee knows of
any other person indebted to defendant, or who may have any of the property of
defendant in his or her possession or control. The writ shall state the amount
named in plaintiff’s motion. If the garnishee is a business entity, an
authorized employee or agent of the entity may execute, file, and serve the answer
on behalf of the entity.
History.—s. 1, ch. 43, 1845; RS
1668; s. 1, ch. 4393, 1895; GS 2132; RGS 3434; CGL 5287; s. 11, ch. 28301,
1953; s. 27, ch. 67-254; s. 385, ch. 95-147; s. 14, ch. 2005-241; s. 1, ch.
2013-233.
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 writ the following “Notice to Defendant”:
NOTICE TO DEFENDANT OF RIGHT
AGAINST
GARNISHMENT OF WAGES, MONEY,
AND OTHER PROPERTY
The Writ of Garnishment delivered
to you with this Notice means that wages, money, and other property belonging
to you have been garnished to pay a court judgment against you. HOWEVER, YOU
MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES, MONEY, OR PROPERTY. READ THIS NOTICE
CAREFULLY.
State and federal laws provide
that certain wages, money, and property, even if deposited in a bank, savings
and loan, or credit union, may not be taken to pay certain types of court
judgments. Such wages, money, and property are exempt from garnishment. The
major exemptions are listed below on the form for Claim of Exemption and
Request for Hearing. This list does not include all possible exemptions. You
should consult a lawyer for specific advice.
IF AN EXEMPTION FROM GARNISHMENT
APPLIES TO YOU AND YOU WANT TO KEEP YOUR WAGES, MONEY, AND OTHER PROPERTY FROM
BEING GARNISHED, OR TO RECOVER ANYTHING ALREADY TAKEN, YOU MUST COMPLETE A FORM
FOR CLAIM OF EXEMPTION AND REQUEST FOR HEARING AS SET FORTH BELOW AND HAVE THE
FORM NOTARIZED. IF YOU HAVE A VALID EXEMPTION, YOU MUST FILE THE FORM WITH THE
CLERK’S OFFICE WITHIN 20 DAYS AFTER THE DATE YOU RECEIVE THIS NOTICE OR YOU MAY
LOSE IMPORTANT RIGHTS. YOU MUST ALSO MAIL OR DELIVER A COPY OF THIS FORM TO THE
PLAINTIFF OR THE PLAINTIFF’S ATTORNEY AND THE GARNISHEE OR THE GARNISHEE’S
ATTORNEY AT THE ADDRESSES LISTED ON THE WRIT OF GARNISHMENT. NOTE THAT THE FORM
REQUIRES YOU TO COMPLETE A CERTIFICATION THAT YOU MAILED OR HAND DELIVERED
COPIES TO THE PLAINTIFF OR THE PLAINTIFF’S ATTORNEY AND THE GARNISHEE OR THE
GARNISHEE’S ATTORNEY.
If you request a hearing, it will
be held as soon as possible after your request is received by the court. The
plaintiff or the plaintiff’s attorney must file any objection within 8 business
days if you hand delivered to the plaintiff or the plaintiff’s attorney a copy
of the form for Claim of Exemption and Request for Hearing or, alternatively,
14 business days if you mailed a copy of the form for claim and request to the
plaintiff or the plaintiff’s attorney. If the plaintiff or the plaintiff’s
attorney files an objection to your Claim of Exemption and Request for Hearing,
the clerk will notify you and the other parties of the time and date of the
hearing. You may attend the hearing with or without an attorney. If the
plaintiff or the plaintiff’s attorney fails to file an objection, no hearing is
required, the writ of garnishment will be dissolved and your wages, money, or
property will be released.
IF YOU HAVE A VALID EXEMPTION,
YOU SHOULD FILE THE FORM FOR CLAIM OF EXEMPTION IMMEDIATELY TO KEEP YOUR WAGES,
MONEY, OR PROPERTY FROM BEING APPLIED TO THE COURT JUDGMENT. THE CLERK CANNOT
GIVE YOU LEGAL ADVICE. IF YOU NEED LEGAL ASSISTANCE YOU SHOULD SEE A LAWYER. IF
YOU CANNOT AFFORD A PRIVATE LAWYER, LEGAL SERVICES MAY BE AVAILABLE. CONTACT
YOUR LOCAL BAR ASSOCIATION OR ASK THE CLERK’S OFFICE ABOUT ANY LEGAL SERVICES
PROGRAM IN YOUR AREA.
CLAIM OF EXEMPTION AND
REQUEST FOR HEARING
I claim exemptions from
garnishment under the following categories as checked:
1. Head of family wages. (Check either a. or b. below, if applicable.)
a. I provide more than one-half of the support for a child or other dependent
and have net earnings of $750 or less per week.
b. I provide more than one-half of the support for a child or other dependent,
have net earnings of more than $750 per week, but have not agreed in writing to
have my wages garnished.
2. Social Security benefits.
3. Supplemental Security Income benefits.
4. Public assistance (welfare).
5. Workers’ Compensation.
6. Reemployment assistance or unemployment compensation.
7. Veterans’ benefits.
8. Retirement or profit-sharing benefits or pension money.
9. Life insurance benefits or cash surrender value of a life insurance policy
or proceeds of annuity contract.
10. Disability income benefits.
11. Prepaid College Trust Fund or Medical Savings Account.
12. Other exemptions as provided by law.
(explain)
I request a hearing to decide the
validity of my claim. Notice of the hearing should be given to me at:
Address:
Telephone
number:
I CERTIFY UNDER OATH AND PENALTY
OF PERJURY that a copy of this CLAIM OF EXEMPTION AND REQUEST FOR HEARING has
been furnished by (circle one)United States mail or hand delivery
on (insert date) , to: (insert names and
addresses of Plaintiff or Plaintiff’s attorney and of Garnishee or Garnishee’s
attorney to whom this document was furnished) .
I FURTHER CERTIFY UNDER OATH AND
PENALTY OF PERJURY that the statements made in this request are true to the
best of my knowledge and belief.
Defendant’s signature
Date
STATE OF FLORIDA
COUNTY OF
Sworn and subscribed to before me
this day of (month and year) ,
by (name of person making statement)
Notary Public/Deputy Clerk
Personally Known OR
Produced Identification
Type of Identification Produced
(2) The plaintiff must mail, by
first class, a copy of the writ of garnishment, a copy of the motion for writ
of garnishment, and, if the defendant is an individual, the “Notice to
Defendant” to the defendant’s last known address within 5 business days after
the writ is issued or 3 business days after the writ is served on the
garnishee, whichever is later. However, if such documents are returned as
undeliverable by the post office, or if the last known address is not
discoverable after diligent search, the plaintiff must mail, by first class,
the documents to the defendant at the defendant’s place of employment. The
plaintiff shall file in the proceeding a certificate of such service.
(3) Upon the filing by a
defendant of a sworn claim of exemption and request for hearing, a hearing will
be held as soon as is practicable to determine the validity of the claimed
exemptions. If the plaintiff or the plaintiff’s attorney does not file a sworn
written statement that answers the defendant’s claim of exemption within 8
business days after hand delivering the claim and request or, alternatively, 14
business days if the claim and request were served by mail, no hearing is
required and the clerk must automatically dissolve the writ and notify the
parties of the dissolution by mail.
History.—s. 22, ch. 2000-258; s.
15, ch. 2001-154; s. 15, ch. 2005-241; s. 2, ch. 2010-97; s. 40, ch. 2012-30;
s. 2, ch. 2013-233.
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 shall serve, by mail, the
following documents: a copy of the garnishee’s answer, and a notice advising
the recipient that he or she must move to dissolve the writ of garnishment
within 20 days after the date indicated on the certificate of service in the
notice if any allegation in the plaintiff’s motion for writ of garnishment is
untrue. The plaintiff shall serve these documents on the defendant at the
defendant’s last known address and any other address disclosed by the
garnishee’s answer and on any other person disclosed in the garnishee’s answer
to have any ownership interest in the deposit, account, or property controlled
by the garnishee. The plaintiff shall file in the proceeding a certificate of
such service.
History.—s. 1, ch. 85-272; s. 2,
ch. 88-295; s. 386, ch. 95-147; s. 23, ch. 2000-258.
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 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 and the time of the garnishee’s answer. Service of the writ creates
a lien in or upon any such debts or property at the time of service or at the
time such debts or property come into the garnishee’s possession or control.
(2) The garnishee shall report in
its answer and retain, subject to the provisions of s. 77.19 and subject to
disposition as provided in this chapter, any deposit, account, or tangible or
intangible personal property in the possession or control of such garnishee;
and the answer shall state the name or names and addresses, if known to the
garnishee, of the defendant and any other persons having or appearing to have
an ownership interest in the involved property.
(3) In any case where a garnishee
in good faith is in doubt as to whether any indebtedness or property is
required by law to be included in the garnishee’s answer or retained by it, the
garnishee may include and retain the same, subject to the provisions of s.
77.19 and subject to disposition as provided in this chapter, and in such case
the garnishee shall not be liable for so doing to the defendant or to any other
person claiming the same or any interest therein or claiming to have sustained
damage on account thereof.
(4) Service of a writ on a
garnishee shall render him or her liable as provided in this chapter in any
fiduciary or representative capacity held by him or her if the fiduciary or
representative capacity is specified in the writ.
History.—s. 1, ch. 43, 1845; RS
1670; GS 2134; RGS 3436; CGL 5289; s. 27, ch. 67-254; s. 1, ch. 71-69; s. 1,
ch. 74-98; s. 2, ch. 85-272; s. 387, ch. 95-147; s. 24, ch. 2000-258.
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 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 disposition of the assets, if any are disclosed thereby,
the garnishee is entitled to an order discharging him or her from further
liability under the writ.
History.—s. 27, ch. 67-254; s.
388, ch. 95-147.
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 and unless, in the case of a prejudgment
writ, there is a reasonable probability that the final judgment in the
underlying action will be rendered in his or her favor. The court shall set
down such motion for an immediate hearing. If the writ is dissolved, the action
then shall proceed as if no writ had been issued.
(2) The defendant and any other
person having an ownership interest in the property, as disclosed by the
garnishee’s answer, shall file and serve a motion to dissolve the garnishment
within 20 days after the date indicated in the certificate of service on the
defendant and such other person of the plaintiff’s notice required by s.
77.055, stating that any allegation in plaintiff’s motion for writ is untrue.
On such motion this issue shall be tried, and if the allegation in plaintiff’s
motion which is denied is not proved to be true, the garnishment shall be
dissolved. Failure of the defendant or other interested person to timely file
and serve the motion to dissolve within such time limitation shall result in
the striking of the motion as an unauthorized nullity by the court, and the
proceedings shall be in a default posture as to the party involved.
(3) If the motion denies the debt
demanded before judgment, the judge may require pleadings on motion of either
party on the debt demanded to be filed in such time as he or she fixes.
(4) The issue, if any, raised by
the pleadings shall be tried at the same time as the issue, if any, made by
defendant’s motion to plaintiff’s motion.
(5) If the plaintiff fails to
file a dismissal or motion for final judgment within 6 months after filing the
writ of garnishment, the writ shall automatically be dissolved and the
garnishee shall be discharged from further liability under the writ. The
plaintiff has the right to extend the writ for an additional 6 months by
serving the garnishee and the defendant a notice of extension and filing in the
underlying proceeding a certification of such service.
History.—s. 1, ch. 7353, 1917;
RGS 3454; CGL 5307; s. 27, ch. 67-254; s. 2, ch. 83-97; s. 3, ch. 85-272; s.
389, ch. 95-147; s. 16, ch. 2005-241.
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;
RGS 3455; CGL 5308; s. 27, ch. 67-254.
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 judgment shall be entered against the garnishee for the
amount of plaintiff’s claim with interest and costs. No final judgment against
a garnishee shall be entered before the entry of, or in excess of, the final
judgment against the original defendant with interest and costs. If the claim
of the plaintiff is dismissed or judgment is entered against the plaintiff the
default against garnishee shall be vacated and judgment for the garnishee’s
costs entered.
History.—s. 11, ch. 43, 1845; RS
1681, 1682; GS 2146, 2147; RGS 3448, 3449; CGL 5301, 5302; s. 27, ch. 67-254;
s. 390, ch. 95-147.
Note.—Former ss. 77.20, 77.21.
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
sheriff and may pay any money or debt into registry of court. In such event or
if garnishee prevails in the trial of any reply and after proper disposition of
any property disclosed by garnishee’s answer, the court shall discharge him or
her from further liability under the writ.
History.—s. 27, ch. 67-254; s.
391, ch. 95-147.
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 his or her liability as
disclosed by the answer or trial. Instead of scire facias, the court may
subpoena the garnishee to inquire about his or her liability to or possession
of property of the defendant. No judgment in excess of the amount remaining
unpaid on the final judgment against the defendant or in excess of the amount
of the liability of the garnishee to the defendant, whichever is less, shall be
entered against the garnishee.
History.—s. 27, ch. 67-254; s. 3,
ch. 83-97; s. 10, ch. 87-224; s. 392, ch. 95-147.
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 admitted is in his or her possession, the court may order
execution issued against garnishee for the unpaid amount of plaintiff’s
judgment against defendant. The officer shall sell garnishee’s property as
under other executions. Garnishee may release his or her property from the levy
and sale by surrendering the property of defendant to the officer levying the
execution at the time appointed for the sale of garnishee’s property so levied
on, or at any time before the day of the sale and by paying the costs of the
proceedings to sell up to the time of the surrender.
History.—s. 5, ch. 43, 1845; RS
1675; GS 2139; RGS 3441; CGL 5294; s. 27, ch. 67-254; s. 393, ch. 95-147.
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 the property and sell it under the execution against defendant.
History.—s. 6, ch. 43, 1845; RS
1676; GS 2140; RGS 3442; CGL 5295; s. 27, ch. 67-254; s. 394, ch. 95-147.
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 been garnisheed, on motion of plaintiff a writ of garnishment shall
issue against the person having personal property of the defendant and the
person shall answer and be liable as other garnishees.
History.—s. 3, ch. 43, 1845; RS
1677; GS 2141; RGS 3443; CGL 5296; s. 2, ch. 29737, 1955; s. 27, ch. 67-254.
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 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 a jury to determine the right of property between the claimant and
plaintiff unless a jury is waived.
(2) If the verdict is against the
claimant, plaintiff shall recover costs. If the verdict is in favor of the
claimant, the claimant shall recover costs against plaintiff.
(3) If the claim is interposed
after a levy on property, the officer making the levy shall return the
execution with the officer’s levy thereon and the affidavit of the claimant to
the court from which execution issued, and the proceedings shall be as in other
cases of claims made to property taken on execution.
History.—s. 8, ch. 43, 1845; RS
1679; GS 2143; RGS 3445; CGL 5298; s. 27, ch. 67-254; s. 395, ch. 95-147.
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 the
garnishee’s possession. If there is no debt or property in the garnishee’s
possession, the allowance shall be against plaintiff.
History.—s. 7, ch. 43, 1845; RS
1678; GS 2142; RGS 3444; CGL 5297; s. 27, ch. 67-254; s. 396, ch. 95-147.
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 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 double the amount of
the judgment plaintiff has recovered.
History.—s. 2, ch. 4393, 1895; GS
2145; RGS 3447; CGL 5300; s. 27, ch. 67-254; s. 397, ch. 95-147.
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 of garnishment before judgment and the money
or property brought into the registry of the court or custody of the officer
thereby inures to the benefit of and shall be controlled by defendant as
completely as though it had been rendered in defendant’s favor.
(2) If plaintiff dismisses his or
her action or has a judgment against him or her on the trial, the judgment
against garnishee shall become a nullity and garnishee shall have execution for
garnishee’s costs against plaintiff.
History.—s. 11, ch. 43, 1845; s.
2, ch. 1100, 1861; RS 1683, 1684; GS 2148, 2149; RGS 3450, 3451; CGL 5303,
5304; s. 27, ch. 67-254; s. 398, ch. 95-147.
Note.—Former ss. 77.22, 77.23.
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 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 garnisheed is less
than this amount, then in double the value, conditioned to pay any judgment
recovered against the defendant in the action with interest and costs, or so
much thereof as shall equal the value. On the approval of the bond the court
shall discharge the garnishment and release the property. The order shall
become effective on its filing with the bond. If garnishee admits a debt to or
possession of property of defendant in excess of a sum sufficient to satisfy
plaintiff’s claim, on motion of defendant and notice to plaintiff, the court
shall release garnishee from responsibility to plaintiff for any debt to or
property of defendant except in a sum deemed by the court sufficient to satisfy
plaintiff’s claim with interest and costs.
History.—RS 1685; GS 2150; s. 1,
ch. 5906, 1909; s. 2, ch. 6910, 1915; RGS 3452; CGL 5305; s. 27, ch. 67-254; s.
399, ch. 95-147.
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 fee provided in
s. 77.28 has been paid.
History.—s. 2, ch. 4030, 1891; GS
1357; RGS 2553; CGL 4171; s. 27, ch. 67-254; s. 400, ch. 95-147; s. 2, ch.
2014-211.
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 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 obtaining representation in response to the writ. On rendering final
judgment, the court shall determine the garnishee’s costs and expenses,
including a reasonable attorney fee, and in the event of a judgment in favor of
the plaintiff, the amount is subject to offset by the garnishee against the
defendant whose property or debt owing is being garnished. In addition, the
court shall tax the garnishee’s costs and expenses as costs. The plaintiff may
recover in this manner the sum advanced by him or her, and, if the amount
allowed by the court is greater than the amount paid together with any offset,
judgment for the garnishee shall be entered against the party against whom the
costs are taxed for the deficiency.
History.—s. 1, ch. 21772, 1943;
s. 27, ch. 67-254; s. 2, ch. 81-301; s. 4, ch. 85-272; s. 1, ch. 88-234; s.
401, ch. 95-147; s. 76, ch. 2003-402; s. 3, ch. 2014-211.
**LEGAL DISCLAIMER ** This
blog should not be viewed as legal advice and it does not establish an
attorney-client relationship. I am posting generic legal information. In
reviewing my post you are specifically advised that your use of, or reliance
upon any response is not advisable as it may or may not be valid under any
state law. This is not based on specific facts and I do not have relevant
background information related to your specific issue/matter. Therefore, I am
not in a position to give you legal advice via this post. Furthermore, your
review, use of, or reliance upon my response does not establish an
attorney-client relationship between us nor does it qualify as a legal
consultation for any purpose. For specific legal advice regarding your
particular circumstances, you should consult and retain an attorney licensed in
your state. I am licensed as an attorney in Florida.
[i] Fla. R. civ. P.
1.570
[ii] Pineiro v.
Am. Express Card Servs. Co., 105 So.3d 614, 616 (Fla. 4th DCA 2013).
[iv] Gigliotti
Contracting N., Inc. v. Traffic Control Prods. of N. Fla., Inc., 788 So.2d
1013, 1016 (Fla. 2d DCA 2001).
[v] http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0077/0077.html
