Florida Statutes
Fla. Stat. § 77.03 (2025)
Issuance of writ after judgment.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 40
cases (19 in the last 5 years), 1960–2026 · leading case: Burshan v. Nat'l Union Fire Ins. Co. of Pittsburgh, Pa., 805 So. 2d 835 (Fla. 4th DCA 2001).
Burshan v. Nat'l Union Fire Ins. Co. of Pittsburgh, Pa., 805 So. 2d 835 (Fla. 4th DCA 2001). “A judgment holder may obtain issuance of a garnishment writ by filing a motion "stating the amount of the judgment and that movant does not believe that defendant has in his or her possession visible property on which a levy can be made sufficient to satisfy the judgment.”
Cathy Jackson-Platts v. Gen. Elec. Capital Corp., 727 F.3d 1127 (11th Cir. 2013). “2011) (noting that supplementary proceedings are initiated with an affidavit and a motion to implead the third party), with Fla. Stat. § 77.03 (explaining that writ of garnishment is issued upon motion by judgment creditor).”
United Presidential Life Ins. v. King, 361 So. 2d 710 (Fla. 1978). “King filed a motion with the trial court, pursuant to Section 77.03, Florida Statutes (1975), for the issuance of a writ of garnishment against United.”
Charter Schs. USA, Inc. v. John Doe No. 93, 152 So. 3d 657 (Fla. 3d DCA 2014). “Section 77.03, Florida Statutes (2013), “Issuance of writ after judgment,” requires that a motion for such a writ “shall” be filed, and the motions in fact were filed (but not served) in the underlying case on June 10 and 11, 2014, days before the order denying Charter Schools’…”
Brown v. Liberty Loan Corp. of Duval, 392 F. Supp. 1023 (M.D. Fla. 1974). “Besides the potentiality for serious prejudice to accrue to the wage earner from a writ of garnishment, the risk of error attendant to the issuance of such a writ is exacerbated by the fact that Florida law no longer requires that the judgment creditor state under oath that, to…”
Lamb v. Household Fin. Corp. III (In Re Lamb), 409 B.R. 534 (Bankr. N.D. Fla. 2009). “Although prior to 1967, the predecessor to section 77.03, Florida Statutes (2009), required a judgment creditor *540 to affirmatively negate the garnishment-Defendant’s ability to claim an exemption, the present version no longer requires any affirmative action on behalf of a…”
Noland Co. v. Linning, 132 So. 2d 802 (Fla. 1st DCA 1961). “[2] The prime question presented to us for decision is whether the affidavit to be filed by a judgment creditor as a basis for the issuance of a writ of garnishment, in addition to the facts required by F.S. § 77.03, F.S.A., must also aver that the money or other thing held by…”
Hauser v. Dr. Chatelier's Plant Food Co., Inc., 350 So. 2d 548 (Fla. 2d DCA 1977). “Chatelier's one-sentence motion for the writ did not allege the amount of the garnishor's claim, nor otherwise comply with the requirements of Section 77.03, Florida Statutes (1975). The writ, as issued by the clerk, was substantially as required by Section 77.”
Reeves v. Don L. Tullis & Assocs., 305 So. 2d 813 (Fla. 1st DCA 1975). “F.S. § 77.03 provides for the issuance of a writ of garnishment at the behest of a judgment holder.”
Finberg v. Sullivan, 634 F.2d 50 (3rd Cir. 1980). “Fla.Stat. Ann. § 77.03 (West). If he wishes to claim an exemption, he must file an inventory of all his personal property, specifying items that are exempt.”
Cadle Co. v. G & G Assocs., 737 So. 2d 1136 (Fla. 4th DCA 1999). “" § 77.03, Fla. Stat. (1997). In the context of this statute, a debtor "makes oath" when he swears to the affidavit twice referred to in the second sentence of the section.”
Vocelle & Berg, L.L.P. v. IMG Citrus, Inc., 125 So. 3d 843 (Fla. 4th DCA 2013). “IMG moved for a Writ of Garnishment pursuant to section 77.03, Florida Statutes (2011), against a real estate escrow agent, alleging that he held property in trust belonging to Meadows.”
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