Florida Statutes
Fla. Stat. § 77.0305 (2025)
Continuing writ of garnishment against salary or wages.
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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.
Notes of Decisions
Cited in 25
cases (6 in the last 5 years), 1989–2023 · leading case: In Re Amendments to Fla. Rules Civ. Proc., 604 So. 2d 1110 (Fla. 1992).
In Re Amendments to Fla. Rules Civ. Proc., 604 So. 2d 1110 (Fla. 1992). “907(b), Garnishment, is added to effectuate section 77.0305, Florida Statutes (1991).”
Hernando Cnty. v. Warner, 705 So. 2d 1053 (Fla. 5th DCA 1998). “§ 77.0305, Fla. Stat. (1993) (emphasis added).”
Brock v. Westport Recovery Corp., 832 So. 2d 209 (Fla. 4th DCA 2002). “11, Florida Statutes (2001) did not apply; however, we quash the continuing writ of garnishment because Brock's earnings were not "salary or wages" within the meaning of section 77.0305, Florida Statutes (2001).”
In Re Amend. to Fla. Rules of Civ. Proc., 682 So. 2d 105 (Fla. 1996). “This form is to be used to effectuate section 77.0305, Florida Statutes. 1996 Amendment.”
Amendments to the Florida Rules of Civil Procedure, 773 So. 2d 1098 (Fla. 2000). “This form is to be used to effectuate section 77.0305, Florida Statutes. 1996 Amendment.”
Baker v. Storfer, 51 So. 3d 652 (Fla. 4th DCA 2011). “Creditor filed a motion for a continuing writ of garnishment, pursuant to section 77.0305, Florida Statutes (2009).”
Metro. Dade Cnty. v. United Guar. Residential Ins. Co. of North Carolina, 645 So. 2d 1117 (Fla. 3d DCA 1994). “, codified in § 77.0305, Fla.Stat. (1993) (entitled “continuing writ of garnishment against salary or wages”).”
First Colony v. Sun State Capital Funding, 730 So. 2d 735 (Fla. 2d DCA 1999). “[5] See § 77.0305, Fla. Stat. (1997) (providing for continuing writs of garnishments against employer for salary or wages).”
Cadle Co. v. G & G Assocs., 737 So. 2d 1136 (Fla. 4th DCA 1999). “" § 77.0305, Fla. Stat. (1997). Even if Cadle is correct in its argument that such monies identified in the employer's answer do not qualify as salary or wages, such funds would not be garnishable by the form of writ it utilized in this case.”
Merriman Investments, LLC v. Ujowundu, 123 So. 3d 1191 (Fla. 3d DCA 2013). “”); § 77.0305, Fla. Stat. (2011) (“[I]f 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…”
First Union Nat'l Bank of Florida v. Knyal, 874 So. 2d 716 (Fla. 4th DCA 2004). “First Union National Bank of Florida petitions this court for a writ of mandamus to compel the trial court to issue a continuing writ of garnishment pursuant to section 77.0305, Florida Statutes. A final judgment was entered in favor of First Union and against the debtors for…”
In Re Puff 'N Stuff of Winter Park, Inc., 183 B.R. 959 (Bankr. M.D. Fla. 1995). “, (1) Section 77.0305, waiving sovereign immunity regarding garnishment of wages of state and local government employees; (2) Section 222.”
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