Florida Statute 77.031 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 77
GARNISHMENT

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F.S. 77.031

77.031 Issuance of writ before judgment.—Before judgment has been obtained by the plaintiff against the defendant:

(1) A writ of garnishment shall be issued by the court or by the clerk on order of the court.

(2) To obtain issuance of the writ, the plaintiff, or the plaintiff’s agent or attorney, shall file in the court where the action is pending a verified motion or affidavit alleging by specific facts the nature of the cause of action; the amount of the debt and that the debt for which the plaintiff sues is just, due, and unpaid; that the garnishment is not sued out to injure either the defendant or the garnishee; and that the plaintiff believes that the defendant will not have in his or her possession, after execution is issued, tangible or intangible property in this state and in the county in which the action is pending on which a levy can be made sufficient to satisfy the plaintiff’s claim. The writ of garnishment shall set forth a notice to the defendant of the right to an immediate hearing for dissolution of such writ pursuant to s. 77.07. Upon issuance of the writ of garnishment, the clerk of the court shall provide by mail a copy of the writ to the defendant.

(3) Except when the plaintiff has had an attachment writ issued, no writ of garnishment before judgment shall issue until the plaintiff, or the plaintiff’s agent or attorney, gives a bond with surety to be approved by the clerk payable to the defendant in at least double the amount of the debt demanded, conditioned to pay all costs, damages, and attorney’s fees that the defendant sustains in consequence of the plaintiff’s improperly suing out the writ of garnishment. A garnishment bond is not void or voidable because of an informality in it, nor shall the obligors be discharged because of the informality, even though the garnishment is dissolved because of the informality.

(4) The motion or pleading need not negative any exemptions of the defendant.

History.—s. 11, ch. 43, 1845; RS 1680; s. 1, ch. 4393, 1895; GS 2144; s. 2, ch. 6910, 1915; RGS 3446; CGL 5299; s. 2, ch. 29737, 1955; s. 27, ch. 67-254; s. 1, ch. 83-97; s. 8, ch. 85-80; s. 384, ch. 95-147.

Note.—Former s. 77.18.

F.S. 77.031 on Google Scholar

F.S. 77.031 on Casetext

Amendments to 77.031

Arrestable Offenses / Crimes under Fla. Stat. 77.031

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 77.031.

Annotations, Discussions, Cases:

Cases Citing Statute 77.031

Total Results: 20

Bath & Kitchen Boutique, LLC v. Alan Kent Little

Court: District Court of Appeal of Florida | Date Filed: 2023-09-06

Snippet: prejudgment writ of garnishment pursuant to section 77.031, Florida Statutes. Little posted a bond

RONALD N. DUBNER v. FRANK FERRARO

Court: District Court of Appeal of Florida | Date Filed: 2018-04-11

Citation: 242 So. 3d 444

Snippet: required for prejudgment writs of attachment. § 77.031(3), Fla. Stat. (2017). They concluded, “equity

Ago

Court: Florida Attorney General Reports | Date Filed: 2011-12-09

Snippet: 73-332 (1973) (county commission attorney); and 77-31 (1977) (community college district comptroller)

Weinstein v. Aisenberg

Court: District Court of Appeal of Florida | Date Filed: 2000-03-09

Citation: 758 So. 2d 705, 2000 WL 275854

Snippet: under the prejudgment garnishment statute, section 77.031, Florida Statutes (1999). Nor did Aisenberg seek

Doug Sears Consulting, Inc. v. ATS Services, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2000-02-04

Citation: 752 So. 2d 668, 2000 Fla. App. LEXIS 926, 2000 WL 125955

Snippet: Garnishment (Verified Motions) pursuant to section 77.031, Florida Statutes (1997). The trial court held

Garel and Jacobs, PA v. Wick

Court: District Court of Appeal of Florida | Date Filed: 1996-11-20

Citation: 683 So. 2d 184, 1996 WL 667860

Snippet: the party ultimately expects to recover. Section 77.031(2), Florida Statutes (1995) explicitly provides

Barbouti v. Lysandrou

Court: District Court of Appeal of Florida | Date Filed: 1990-03-13

Citation: 559 So. 2d 648, 1990 WL 26684

Snippet: pre-judgment writ of garnishment served on the bank. See § 77.031, Fla. Stat. (1989).[1] The trial judge subsequently

Cerna v. Swiss Bank Corp.(Overseas), SA

Court: District Court of Appeal of Florida | Date Filed: 1987-02-10

Citation: 503 So. 2d 1297, 12 Fla. L. Weekly 485

Snippet: the terms of the respective statutes, §§ 76.04, 77.031, Fla. Stat. (1985), because she is not herself

Matthews v. Wood

Court: District Court of Appeal of Florida | Date Filed: 1986-03-19

Citation: 485 So. 2d 472, 11 Fla. L. Weekly 703, 1986 Fla. App. LEXIS 6949

Snippet: from the clerk upon an unverified application. § 77.031, Fla.Stat. (1971). There was a strong indication

Ago

Court: Florida Attorney General Reports | Date Filed: 1983-09-30

Snippet: responsibility to our office. See, AGO 62-98; cf., AGO 77-31 (discussing the common law rule of incompatible

Niesz v. Gehris

Court: District Court of Appeal of Florida | Date Filed: 1982-08-25

Citation: 418 So. 2d 445

Snippet: as to garnishment before judgment, see section 77.031, Florida Statutes (1981).

Ago

Court: Florida Attorney General Reports | Date Filed: 1979-09-17

Snippet: Pace v. King, 38 So.2d 823 (Fla. 1949); and AGO 077-31 and the cases and opinions cited therein. Your

Ago

Court: Florida Attorney General Reports | Date Filed: 1979-09-11

Snippet: Pace v. King, 38 So.2d 823 (Fla. 1949); and AGO 077-31 and the cases and opinions cited therein.) Consequently

State v. Miller

Court: Supreme Court of Florida | Date Filed: 1979-07-18

Citation: 373 So. 2d 677, 1979 Fla. LEXIS 4755

Snippet: 11, 83.12, 83.14-.19, Fla.Stat. (1975). . §§ 77.031, 77.04, 77.06, 77.07, Fla.Stat. (1975). . § 85

Southeast First National Bank of Miami v. Butter

Court: District Court of Appeal of Florida | Date Filed: 1977-10-11

Citation: 350 So. 2d 573, 1977 Fla. App. LEXIS 16976

Snippet: entered prior to judgment pursuant to Sections 77.031, 77.04, 77.06 and 77.07, Florida Statutes (1975)

Ray Lein Const., Inc. v. Wainwright

Court: Supreme Court of Florida | Date Filed: 1977-05-26

Citation: 346 So. 2d 1029

Snippet: similar prejudgment procedures, we hold that Sections 77.031, 77.04, 77.06, and 77.07, Florida Statutes (1975)

Carlos v. Context-Marks Corp.

Court: District Court of Appeal of Florida | Date Filed: 1977-05-24

Citation: 346 So. 2d 595, 1977 Fla. App. LEXIS 16047

Snippet: PER CURIAM. This is an interlocutory appeal from an order denying appellants-plaintiffs’ motion for leave to file an amended complaint. Appellants filed a complaint alleging, inter alia, that a note and mortgage, executed by appellee Context-Marks Corporation and guaranteed by appellee Context Industries were in default. The complaint sought, in one count, a decree of foreclosure against the former and a money judgment enforcing the guarantee for any deficiency arising out of the foreclosure against

Citizens National Bank of Naples v. Indiana Insurance

Court: Supreme Court of Florida | Date Filed: 1976-11-30

Citation: 340 So. 2d 107, 1976 Fla. LEXIS 4536

Snippet: this Court because the trial court ruled Section 77.031, Florida Statutes (1975) unconstitutional. See

Shannon v. Great Southern Equipment Co.

Court: District Court of Appeal of Florida | Date Filed: 1976-01-16

Citation: 326 So. 2d 19, 1976 Fla. App. LEXIS 14223

Snippet: pre-judgment garnishment against Shannon, pursuant to § 77.031 et seq., F.S.1973, seeking to attach Shannon’s

Silverman v. Lichtman

Court: District Court of Appeal of Florida | Date Filed: 1974-06-18

Citation: 296 So. 2d 495

Snippet: counterclaiment sued therein was just, due and unpaid (§ 77.031(1) Fla. Stat., F.S.A.) and filed a bond (a cash