The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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Section 77.0305 of the Florida Statutes provides, in part:In satisfaction of the debt, Plaintiff may petition the Court for a continuing writ of garnishment issued to Defendant Ela's employer and against salary or wages. Commc'n Ctr, Inc. v. Komatsu., 2008 WL 114920, at *1 (citing FLA. STAT. § 77.0305). The Florida Statute provides in part that,Rule 69(a)(1) of the Federal Rules of Civil Procedure provides that the procedure for execution on a money judgment or in proceedings supplementary “must accord with the procedure of the state where the court is located,” while “a federal statute governs to the extent it applies.” Fed.R.Civ.P. 69(a)(1). According to Florida statute, any person or entity who has obtained a judgment “has a right to a writ of garnishment.” Fla. Stat. § 77.01. Continuing writs of garnishment against salary or wages proceed under Florida law according to section 77.0305. Section 77.0305 states thatA party may enforce a money judgment by a writ of execution. Fed.R.Civ.P. 69(a)(1). In Florida, a person who has recovered a judgment in any court against any entity has a right to a writ of garnishment. Fla. Stat. § 77.01. Where the judgment debtor's salary or wages are to be garnished to satisfy a judgment, Florida Statutes § 77.0305 allows the Court to issue a continuing writ of garnishment to the judgment debtor's employer. Commc'n Ctr., Inc v. Komatsu, No. 6:05-cv-1254-ORL-31UAM, 2008 WL 114920, at *1 (M.D. Fla. Jan. 8, 2008). A continuing writ of garnishment provides for “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.” Fla. Stat. § 77.0305.A party may enforce a money judgment by a writ of execution. Fed.R.Civ.P. 69(a)(1). In Florida, a person who has recovered a judgment in any court against any entity has a right to a writ of garnishment. Fla. Stat. § 77.01. Where the judgment debtor's salary or wages are to be garnished to satisfy a judgment, Florida Statutes § 77.0305 allows the Court to issue a continuing writ of garnishment to the judgment debtor's employer. Commc'n Ctr., Inc v. Komatsu, No. 6:05-cv-1254-ORL-31UAM, 2008 WL 114920, at *1 (M.D. Fla. Jan. 8, 2008). A continuing writ of garnishment provides for “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.” Fla. Stat. § 77.0305.Where, as here, a judgment debtor's salary or wages are to be garnished to satisfy a judgment, a court may issue a continuing writ of garnishment to the judgment debtor's employer. Fla. Stat. § 77.0305. Such a continuing writ 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.” Id.A party may enforce a money judgment by a writ of execution. Fed.R.Civ.P. 69(a)(1). The procedure must accord with the procedure of the state where the court is located. Id. In Florida, a person who has recovered a judgment in any court against any entity has a right to a writ of garnishment. Fla. Stat. § 77.01. Where the judgment debtor's salary or wages are to be garnished to satisfy a judgment, Fla. Stat. § 77.0305 allows the Court to issue a continuing writ of garnishment to the judgment debtor's employer. Commc'ns Ctr., Inc. v. Komatsu, No. 6:05-cv-1254-Orl-31UAM, 2008 WL 114920, at *1 (M.D. Fla. Jan. 8, 2008). A continuing writ of garnishment provides for “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.” Fla. Stat. § 77.0305. Continuing writs are subject to certain exemptions, if applicable, including a head of household exemption, as codified in Fla. Stat. §§ 77.041 and 222.11.Pursuant to Rule 69, Federal Rules of Civil Procedure, the Court must follow state law regarding execution of a judgment. Fed.R.Civ.P. 69(a)(1). In Florida, a person who has recovered a judgment in any court has a right to a writ of garnishment. Fla. Stat. § 77.01. Under Florida Statutes § 77.0305, “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.” As Nationwide has recovered a judgment against Defendant, which remains outstanding, the Court may enforce the judgment through a writ of continuing garnishment pursuant to Florida law. See Ainbinder v. Hingson, Case No. 8:18-mc-54-T-33JSS, 2018 WL 6605247, at *1 (M.D. Fla. July 23, 2018). Accordingly, it is herebyPursuant to Rule 69, Federal Rules of Civil Procedure, the Court must follow state law regarding execution of a judgment. Fed.R.Civ.P. 69(a)(1). Florida Statutes § 77.01 allows recovery of a money judgment via a writ of garnishment. Under Florida Statutes § 77.0305, “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.” As Plaintiff has recovered a judgment against Defendant, which remains outstanding, the Court may enforce the judgment through a writ of continuing garnishment pursuant to Florida law. See Ainbinder v. Hingson, Case No. 8:18-mc-54-T-33JSS, 2018 WL 6605247, at *1 (M.D. Fla. July 23, 2018). Accordingly, it is herebyPursuant to Rule 69, Federal Rules of Civil Procedure, the Court must follow state law regarding execution of a judgment. Fed.R.Civ.P. 69(a)(1). In Florida, a person who has recovered a judgment in any court has a right to a writ of garnishment. Fla. Stat. § 77.01. Under Florida Statutes § 77.0305, “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.” As Plaintiff has recovered a judgment against Defendant, which remains outstanding, the Court may enforce the judgment through a writ of continuing garnishment pursuant to Florida law. See Ainbinder v. Hingson, Case No. 8:18-mc-54-T-33JSS, 2018 WL 6605247, at *1 (M.D. Fla. July 23, 2018). Accordingly, it is hereby. . . the judgment, Creditor secured the issuance of a continuing writ of garnishment pursuant to section 77.0305 . . .
. . . right to a writ of garnishment ... to subject any debt due to defendant by a third person .... ”); § 77.0305 . . .
. . . In 2010, pursuant to section 77.0305, Florida Statutes (2010), the law firm secured the issuance of a . . . To garnish “salary or wages,” section 77.0305 provides that a continuing writ of garnishment is available . . . Reading sections 77.01, 77.03, and 77.0305 together, it is apparent that, for a post-judgment garnishment . . .
. . . Creditor filed a motion for a continuing writ of garnishment, pursuant to section 77.0305, Florida Statutes . . . Debtor was paid by commissions and that commissions were not “salary or wages” as envisioned by section 77.0305 . . . Whether commissions are considered “salary or wages” under section 77.0305 is a question of statutory . . . Section 77.0305 provides that: Notwithstanding any other provision of this chapter, if salary or wages . . . As such, we hold that commissions are “wages,” for purposes of section 77.0305 of the garnishment statutes . . .
. . . of mandamus to compel the trial court to issue a continuing writ of garnishment pursuant to section 77.0305 . . . First Union moved for a post- judgment continuing writ of garnishment pursuant to section 77.0305 to . . . the plaintiff (First Union), the court shall issue the continuing writ of garnishment. §§ 77.03 and 77.0305 . . .
. . . writ of garnishment because Brock’s earnings were not “salary or wages” within the meaning of section 77.0305 . . . Under section 77.0305, a continuing writ of garnishment is available to garnish “salary or wages.” . . . “Salary or wages” under section 77.0305 falls within the section 222.11(l)(a) definition of “earnings . . .
. . . This form is to be used to effectuate section 77.0305, Florida Statutes. 1996 Amendment. . . .
. . . See § 77.0305, Fla. Stat. (1997). . . .
. . . writ, the statutory term “officer” also includes the circuit judge who authorized the writ; section 77.0305 . . . Such a writ applies only to “salary or wages.” § 77.0305, Fla. Stat. (1997). . . .
. . . See § 77.0305, Fla. . . . Warner, 705 So.2d 1053 (Fla. 5th DCA 1998) (noting that section 77.0305 subjects the county to garnishment . . .
. . . In so ruling we hold that the waiver of sovereign immunity provided in section 77.0305 of the Florida . . . Relying on the waiver of sovereign immunity provided in section 77.0305, Florida Statutes (1995), the . . . Section 77.0305, Florida Statutes provides in relevant part: Notwithstanding any other provision of this . . . Moreover, section 77.0305 “applies only to an attachment, a garnishment, or other legal process that . . . As a result, the trial court erred in determining that section 77.0305 waived sovereign immunity as to . . .
. . . This form is to be used to effectuate section 77.0305, Florida Statutes. 1996 Amendment. . . .
. . . also amended and created other sections affecting the availability of exemptions, i.e., (1) Section 77.0305 . . . Juergens, the creditor insurance company sought to garnish the wages of a county employee under Section 77.0305 . . .
. . . Ch. 93-256, § 1, Laws of Fla., codified in § 77.0305, Fla.Stat. (1993) (entitled “continuing writ of . . . creditors who wish to invoke the benefits of the waiver of sovereign immunity now contained in section 77.0305 . . .
. . . Appellant Palm Coast subsequently sought a continuing wage garnishment, under section 77.0305, Florida . . .
. . . Form 1.907(b), Garnishment, is added to effectuate section 77.0305, Florida Statutes (1991). . . . This form is to be used to effectuate section 77.0305, Florida FORM 1.908. . . .
. . . appellee, the former wife, filed a motion for a continuing writ of garnishment, pursuant to section 77.0305 . . . Section 77.0305, Florida Statutes This recently enacted section provides for continuing writs of garnishment . . .
. . . the order issuing the continuing writ of garnishment in this case, the legislature enacted section 77.0305 . . .