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
