Settlement Agreement Without Grarnishment Clause Does Not Qualify as a Written Agreement Allowing Continuous Writ of Garnishment

Garnishment is a statutory procedure controlled by Florida Statutes Chapter 77, which was not known to the common law. [i] the thing is statutory requirements of garnishment must be strictly complied with. [ii] 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. [iii]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 and end up having writ set aside.

For example, after Espirito obtained a default judgment against Williams for failure to pay a note, the parties entered into a settlement agreement, which provided for a payout schedule.[iv]  But the agreement was missing a garnishment provision. Williams, who supports three children, became unable to make the required payments.

Although the trial court granted Espirito's motion for continuous writ of garnishment, the appellate court reversed because the court found that Williams, as head of a family, is exempt. The appellate court noted that terms of a settlement agreement do not qualify as a written agreement allowing garnishment.

It is fundamental that garnishment statutes must be strictly construed.  A written agreement allowing garnishment to be executed must be in place otherwise the head of a family is exempt from garnishment of disposable earnings.

If you need a Florida attorney to assist you with collecting on  your Final Judgment contact Mendy Lieberman, Esq. mlieberman@sflatty.com, (855) S-FL-ATTY, (305)912-7789 Mendy Lieberman |The Lieberman Law Firm | Miami, Florida

**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 your 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.

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[i] Pineiro v. Am. Express Card Servs. Co., 105 So.3d 614, 616 (Fla. 4th DCA 2013

[ii] Id.

[iii] Gigliotti Contracting N., Inc. v. Traffic Control Prods. of N. Fla., Inc., 788 So.2d 1013, 1016 (Fla. 2d DCA 2001).

[iv] Williams v. Espirito Santo Bank, 656 So.2d 212 (Fla. 3d DCA 1995),