Florida Statute 77.0305 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 77
GARNISHMENT

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F.S. 77.0305

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.

History.—s. 1, ch. 88-295; s. 2, ch. 93-69; s. 1, ch. 93-256; s. 107, ch. 2003-261.

F.S. 77.0305 on Google Scholar

F.S. 77.0305 on Casetext

Amendments to 77.0305

Arrestable Offenses / Crimes under Fla. Stat. 77.0305

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 77.0305.

Annotations, Discussions, Cases:

Cases Citing Statute 77.0305

Total Results: 19

Dena J. Ulisano v. Frederick Ulisano, III, a/k/a Rick Ulisano and Moredirect, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2015-01-07

Citation: 154 So. 3d 507, 2015 Fla. App. LEXIS 156

Snippet: continuing writ of garnishment pursuant to section 77.0305, Florida Statutes (2013). The writ ordered Debtor’s

Merriman Investments, LLC v. Ujowundu

Court: District Court of Appeal of Florida | Date Filed: 2013-10-30

Citation: 123 So. 3d 1191, 2013 WL 5813970, 2013 Fla. App. LEXIS 17216

Snippet: due to defendant by a third person .... ”); § 77.0305, Fla. Stat. (2011) (“[I]f salary or wages are to

Pineiro v. American Express Card Services Co.

Court: District Court of Appeal of Florida | Date Filed: 2013-01-16

Citation: 105 So. 3d 614, 2013 WL 163465, 2013 Fla. App. LEXIS 570

Snippet: Pineiro for $18,398.10. In 2010, pursuant to section 77.0305, Florida Statutes (2010), the law firm secured

Baker v. Storfer

Court: District Court of Appeal of Florida | Date Filed: 2011-01-26

Citation: 51 So. 3d 652, 2011 Fla. App. LEXIS 546, 2011 WL 222324

Snippet: continuing writ of garnishment, pursuant to section 77.0305, Florida Statutes (2009). Garnishee, Debtor's employer

First Union National Bank of Florida v. Knyal

Court: District Court of Appeal of Florida | Date Filed: 2004-06-02

Citation: 874 So. 2d 716, 2004 Fla. App. LEXIS 7725, 2004 WL 1196983

Snippet: continuing writ of garnishment pursuant to section 77.0305, Florida Statutes. A final judgment was entered

Brock v. Westport Recovery Corp.

Court: District Court of Appeal of Florida | Date Filed: 2002-12-04

Citation: 832 So. 2d 209, 2002 Fla. App. LEXIS 17756, 2002 WL 31696814

Snippet: "salary or wages" within the meaning of section 77.0305, Florida Statutes (2001). First Union National

Amendments to the Florida Rules of Civil Procedure

Court: Supreme Court of Florida | Date Filed: 2000-10-05

Citation: 773 So. 2d 1098, 2000 Fla. LEXIS 2312, 2000 WL 1472356

Snippet: This form is to be used to effectuate section 77.0305, Florida Statutes. 1996 Amendment. The following

Rudd v. First Union National Bank

Court: District Court of Appeal of Florida | Date Filed: 2000-06-28

Citation: 761 So. 2d 1189, 2000 Fla. App. LEXIS 8018, 2000 WL 827076

Snippet: satisfied or otherwise provided by court order. See § 77.0305, Fla. Stat. (1997). The garnishee is only liable

Cadle Co. v. G & G ASSOCIATES

Court: District Court of Appeal of Florida | Date Filed: 1999-06-16

Citation: 737 So. 2d 1136, 1999 Fla. App. LEXIS 7916, 1999 WL 393656

Snippet: circuit judge who authorized the writ; section 77.0305, Florida Statutes (1997), provides that the "court

First Colony v. Sun State Capital Funding

Court: District Court of Appeal of Florida | Date Filed: 1999-03-10

Citation: 730 So. 2d 735, 1999 WL 122789

Snippet: Procedure 9.020(g)(2), she is an appellee. [5] See § 77.0305, Fla. Stat. (1997) (providing for continuing writs

Ago

Court: Florida Attorney General Reports | Date Filed: 1998-07-14

Snippet: court-ordered alimony or child support. Similarly, section 77.0305, Florida Statutes, authorizes a continuing writ

Hernando County v. Warner

Court: District Court of Appeal of Florida | Date Filed: 1998-02-13

Citation: 705 So. 2d 1053, 1998 WL 56027

Snippet: waiver of sovereign immunity provided in section 77.0305 of the Florida Statutes does not apply when (1)

In Re Amend. to Fla. Rules of Civ. Proc.

Court: Supreme Court of Florida | Date Filed: 1996-10-31

Citation: 682 So. 2d 105, 1996 WL 627562

Snippet: This form is to be used to effectuate section 77.0305, Florida Statutes. 1996 Amendment. The following

Metropolitan Dade County v. United Guaranty Residential Insurance Co. of North Carolina

Court: District Court of Appeal of Florida | Date Filed: 1994-12-07

Citation: 645 So. 2d 1117, 1994 Fla. App. LEXIS 11872, 1994 WL 682789

Snippet: Ch. 93-256, § 1, Laws of Fla., codified in § 77.0305, Fla.Stat. (1993) (entitled “continuing writ of

Palm Coast Recovery Corp. v. Carter

Court: District Court of Appeal of Florida | Date Filed: 1994-06-15

Citation: 638 So. 2d 1003, 1994 Fla. App. LEXIS 5802, 1994 WL 261415

Snippet: sought a continuing wage garnishment, under section 77.0305, Florida Statutes. At a hearing on its motion,

In Re Amendments to Fla. Rules Civ. Proc.

Court: Supreme Court of Florida | Date Filed: 1992-07-16

Citation: 604 So. 2d 1110, 1992 WL 163953

Snippet: 907(b), Garnishment, is added to effectuate section 77.0305, Florida Statutes (1991). It provides for a continuing

Vetrick v. Hollander

Court: District Court of Appeal of Florida | Date Filed: 1990-08-29

Citation: 566 So. 2d 844, 1990 Fla. App. LEXIS 6478, 1990 WL 125081

Snippet: continuing writ of garnishment, pursuant to section 77.0305, Florida Statutes (Supp.1988). Appellant, Joseph

Cooper v. Cooper

Court: District Court of Appeal of Florida | Date Filed: 1989-07-07

Citation: 546 So. 2d 107, 14 Fla. L. Weekly 1603, 1989 Fla. App. LEXIS 3798, 1989 WL 73855

Snippet: in this case, the legislature enacted section 77.0305, Florida Statutes (Supp.1988), which authorizes

SCHOOL BOARD OF LEON CTY. v. Goodson

Court: District Court of Appeal of Florida | Date Filed: 1976-06-30

Citation: 335 So. 2d 308, 1976 Fla. App. LEXIS 13860

Snippet: understandings." Powell v. Jones, 56 Ill.2d 70, 77, 305 N.E.2d 166, 170 (1973). It may emerge from the