Florida Statutes
Fla. Stat. § 77.01 (2025)
Right to writ of garnishment.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 77
cases (26 in the last 5 years), 1954–2026 · leading case: Arnold, Matheny, Pa v. First Am. Holdings, 982 So. 2d 628 (Fla. 2008).
Arnold, Matheny, Pa v. First Am. Holdings, 982 So. 2d 628 (Fla. 2008). “Next, we discuss the proper interpretation of "possession or control" as those terms are used in section 77.01. We then analyze whether the obligations of the garnishment statute apply equally to bank and non-bank garnishees.”
Gallagher v. Dupont, 918 So. 2d 342 (Fla. 5th DCA 2005). “" In Count II, Dupont sought garnishment pursuant to section 77.01, Florida Statutes (2002). Gallagher and the Fund filed a motion for summary judgment with a request for attorney's fees, arguing that neither count had any merit under the law or facts.”
Branch Banking & Trust Co. v. ARK Dev./Oceanview, LLC, 150 So. 3d 817 (Fla. 4th DCA 2014). “§ 77.01, Fla. Stat. (2013). A judgment creditor may serve such a writ of garnishment on a garnishee, such as a bank.”
Florida Steel Corp. v. AG Spanos Enter., Inc., 332 So. 2d 663 (Fla. 2d DCA 1976). “Fla. Stat. § 77.01 (1975) states, in part: "Every person who has sued to recover a debt or has recovered judgment in any court against any person, natural or corporate, has a right to a writ of garnishment, in the manner hereinafter provided, to subject any debt due to defendant…”
SEC. Bank v. Bellsouth Adv. & Pub. Corp., 679 So. 2d 795 (Fla. 3d DCA 1996). “supra, specifically defines the legal effect of service of a writ of garnishment. Under subsection 77.06(1), the garnishee is only liable for debts due by the garnishee to the defendant, and for tangible or intangible personal property of defendant which is in possession of the…”
Phillips v. Gen. Fin. Corp. of Florida, 297 So. 2d 6 (Fla. 1974). “" Fla. Stat. § 77.01 , F.S.A., reads: "Every person who has sued to recover a debt or has receovered judgment in any court against any person, natural or corporate, has a right to a writ of garnishment, in the manner hereinafter provided, to subject any debt due to defendant by…”
Kane v. Stewart Tilghman Fox & Bianchi, P.A., 197 So. 3d 137 (Fla. 4th DCA 2016). “Under section 77.01, Florida Statutes (2013), “[ejvery 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…”
Tomlin v. Anderson, 413 So. 2d 79 (Fla. 5th DCA 1982). “18(6), Florida Statutes (1973), provides: Every reduction in capital involving any distribution among stockholders shall specify the method of such distribution and said distribution shall be made in accordance with the provisions of the certificate of incorporation designating…”
Zelaya/Capital Int'l Judgment, LLC v. John Zelaya, 769 F.3d 1296 (11th Cir. 2014). “See generally Fla. Stat. §§ 77.01 -.28. And Florida courts have held that a trial court may award attorney fees and costs in a garnishment action to a party in its discretion even where there is no prevailing party.”
Alejandre v. Repub. of Cuba, 42 F. Supp. 2d 1317 (S.D. Fla. 1999). “1994), quoting Fla.Stat.Ann. § 77.01 (West 1998). 10 . On January 25, 1999, Plaintiff moved for default as to Citigroup, for failure to Answer the Writ of Garnishment.”
Efraim Rosen, Inc. v. Tavormina (In Re Armando Gerstel, Inc.), 43 B.R. 925 (Bankr. S.D. Florida 1984). “See section 77.01, Florida Statutes. In the instant case, Rosen urges that at the critical time (between service of the writ upon Jewelers and its answer) there was a “debt due” from Jewelers to Gerstel under the insurance policy.”
Lamb v. Household Fin. Corp. III (In Re Lamb), 409 B.R. 534 (Bankr. N.D. Fla. 2009). “Pursuant to Section 77.01, Florida Statutes (2009), “[e]very person who has .”
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