Florida Statute 77.31 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 77.031

Annotations, Discussions, Cases:

Cases Citing Statute 77.031

Total Results: 22

Weinstein v. Aisenberg

758 So. 2d 705, 2000 WL 275854

District Court of Appeal of Florida | Filed: Mar 9, 2000 | Docket: 1726126

Cited 27 times | Published

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

Frio Ice, SA v. SunFruit

724 F. Supp. 1373, 1989 WL 134940

District Court, S.D. Florida | Filed: Nov 6, 1989 | Docket: 1034132

Cited 17 times | Published

prejudgment against the actual debtor. Fla.Stat. § 77.031; see also Cerna v. Swiss Bank Corp. (Overseas)

Ray Lein Const., Inc. v. Wainwright

346 So. 2d 1029

Supreme Court of Florida | Filed: May 26, 1977 | Docket: 1734273

Cited 8 times | Published

constitutionally deficient in the following respects: 1. Section 77.031, Florida Statutes (1975), allows a writ to

Barbouti v. Lysandrou

559 So. 2d 648, 1990 WL 26684

District Court of Appeal of Florida | Filed: Mar 13, 1990 | Docket: 2517865

Cited 7 times | Published

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

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

District Court of Appeal of Florida | Filed: Feb 10, 1987 | Docket: 932189

Cited 7 times | Published

of a debt. § 76.04(10), Fla. Stat. (1985); see § 77.031, Fla. Stat. (1985) (garnishment). Consistent with

Bunton v. First National Bank of Tampa

394 F. Supp. 793

District Court, M.D. Florida | Filed: Apr 18, 1975 | Docket: 880728

Cited 5 times | Published

51. On April 9, 1973, pursuant to Fla.Stat.Ann. § 77.031, First National filed a motion in the state court

Central Bank of Tampa v. United States

833 F. Supp. 892, 72 A.F.T.R.2d (RIA) 6453, 1993 U.S. Dist. LEXIS 14464, 1993 WL 413034

District Court, M.D. Florida | Filed: Oct 6, 1993 | Docket: 1196249

Cited 3 times | Published

Marine Corporation. See, § 76.01 et seq., and § 77.031, Florida Statutes (1991). Absent judicial authority

Central Bank of Tampa v. United States

833 F. Supp. 892, 72 A.F.T.R.2d (RIA) 6453, 1993 U.S. Dist. LEXIS 14464, 1993 WL 413034

District Court, M.D. Florida | Filed: Oct 6, 1993 | Docket: 1196249

Cited 3 times | Published

Marine Corporation. See, § 76.01 et seq., and § 77.031, Florida Statutes (1991). Absent judicial authority

Silverman v. Lichtman

296 So. 2d 495

District Court of Appeal of Florida | Filed: Jun 18, 1974 | Docket: 1613471

Cited 3 times | Published

this instance), conditioned as provided for by § 77.031(2) Fla. Stat., F.S.A. "to pay all costs and damages

Garel and Jacobs, PA v. Wick

683 So. 2d 184, 1996 WL 667860

District Court of Appeal of Florida | Filed: Nov 20, 1996 | Docket: 1514977

Cited 2 times | Published

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

Matter of Rettemnier

113 B.R. 757, 1990 Bankr. LEXIS 910

United States Bankruptcy Court, S.D. Florida. | Filed: Jan 24, 1990 | Docket: 1837032

Cited 2 times | Published

by the clerk of the state court pursuant to Section 77.031(1) (1987), and was served by the Sheriff of

Niesz v. Gehris

418 So. 2d 445

District Court of Appeal of Florida | Filed: Aug 25, 1982 | Docket: 66369

Cited 2 times | Published

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

In re Collins

600 B.R. 108

United States Bankruptcy Court, M.D. Florida | Filed: Mar 27, 2019 | Docket: 65791331

Cited 1 times | Published

§§ 76.04, 76.05 Fla. Stat. (2018) (attachment); § 77.031, Fla. Stat. (2018) (prejudgment garnishment);

Bath & Kitchen Boutique, LLC v. Alan Kent Little

District Court of Appeal of Florida | Filed: Sep 6, 2023 | Docket: 67765039

Published

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

RONALD N. DUBNER v. FRANK FERRARO

242 So. 3d 444

District Court of Appeal of Florida | Filed: Apr 11, 2018 | Docket: 6360295

Published

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

APR Energy, LLC v. First Investment Group Corp.

88 F. Supp. 3d 1300, 2015 U.S. Dist. LEXIS 20524, 2015 WL 736275

District Court, M.D. Florida | Filed: Feb 20, 2015 | Docket: 64300647

Published

satisfied the prerequisites under Florida Statute section 77.031 to obtain a pre-judgment writ of garnishment

APR Energy, LLC v. First Investment Group Corp.

51 F. Supp. 3d 1227, 2014 U.S. Dist. LEXIS 137425, 2014 WL 4854277

District Court, M.D. Florida | Filed: Sep 29, 2014 | Docket: 64297640

Published

satisfied the prerequisites under Florida Statute section 77.031 to obtain a prejudgment writ of garnishment

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

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

District Court of Appeal of Florida | Filed: Feb 4, 2000 | Docket: 64795570

Published

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

Murray Industries, Inc. v. Norwest Bank Minneapolis, N.A. (In re Murray Industries, Inc.)

106 B.R. 730, 1989 Bankr. LEXIS 1917

United States Bankruptcy Court, M.D. Florida | Filed: Oct 18, 1989 | Docket: 65779901

Published

Adversary Proceeding No. 89-442 and is based on Fla.Stat. 77.031. This Statute permits the issuance of a writ

Matthews v. Wood

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

District Court of Appeal of Florida | Filed: Mar 19, 1986 | Docket: 64618187

Published

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

Citizens National Bank of Naples v. Indiana Insurance

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

Supreme Court of Florida | Filed: Nov 30, 1976 | Docket: 64556198

Published

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

Shannon v. Great Southern Equipment Co.

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

District Court of Appeal of Florida | Filed: Jan 16, 1976 | Docket: 64552179

Published

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