How to get a Writ of Garnishment?
Posted on Jan 1, 2013 9:10am PST
Chapter 77 of Florida Statute (2012), states that any person or entity
that has sued to recover a debt or has obtained a judgment in any court
against any person or entity has a right to a writ of garnishment. This
is a handy instrument when you have sued and won, but the defendant refuses
to pay you the amount ordered in the final judgment. With a writ of garnishment
the plaintiff can recover their debt through any debt due to the defendant
by a third person, for example: salary or wages owed by an employer, rental
income, and bank accounts (checking, saving, trust accounts).
The requirements to obtain a writ of garnishment may vary between counties
throughout the state of Florida; therefore, when filing for a writ of
garnishment you must first check for the procedures followed at your local
court. However, as a guideline, this is how to obtain a writ of garnishment
in Florida. First, you must file a motion for writ of garnishment with
the court where the action is pending, stating the amount on the judgment.
Some judges will require a hearing, where they will hear arguments from
both sides before making their decision; other judges may grant or deny
the motion, without a hearing, and mail an order with his or her decision
to both sides. Once a judge has granted your motion of writ of garnishment,
then you file the following with the clerk of court:
- Final judgment awarding the plaintiff a debt against defendant
- Motion for writ of garnishment and order (granting the motion)
- Writ of garnishment
- Filing fee
Plaintiff will then receive the writ of garnishment signed by the judge,
and must serve it on the garnishee (the third party). Additionally, the
plaintiff must mail, by first class, a copy of the writ of garnishment,
a copy of the motion of writ of garnishment, and, if the defendant is
an individual, a Notice to Defendant of Right Against Garnishment of Wages,
Money, and Other Property (found in Florida Statute §77.041) within
5 business days after the writ is issued or 3 business days after the
writ is served on the garnishee. The garnishee then has 20 days after
service to serve an answer on the Plaintiff. Then, within 5 days of receiving
the garnishee’s answer or the time period the answer was due, the
Plaintiff must mail a copy of the garnishee’s answer, and a notice
advising the defendant that they have 20 days to move to dissolve the writ.
Service of the writ makes garnishee liable for all debts unless further
action from the garnishee or defendant results in a court order relieving
such debt. Therefore, after the documents are served by each party on
the opposing party, the garnishee will either start making payments or
set a hearing with the court to try to dispute the garnishment. For further
specification on the process of a writ of garnishment read Chapter 77
of Florida Statute (2012) or contact our office.
[1] Florida Statute §77.0305, requires that a Continuing Writ of Garnishment
be filed if salary or wages are to be garnished to satisfy a judgment.