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Florida Statute 77.031 | Lawyer Caselaw & Research
F.S. 77.031 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 77.031

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 77
GARNISHMENT
View Entire Chapter
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 from cite.case.law:

N. DUBNER, v. FERRARO,, 242 So. 3d 444 (Fla. App. Ct. 2018)

. . . . § 77.031(3), Fla. Stat. (2017). . . .

APR ENERGY, LLC, a v. FIRST INVESTMENT GROUP CORPORATION, a a k a a, 88 F. Supp. 3d 1300 (M.D. Fla. 2015)

. . . Defendants contend that they have satisfied the prerequisites under Florida Statute section 77.031 to . . . Stat. § 77.031. . Fla. Stat. §§ 726.105-108. . . . . Section 77.031 provides, in pertinent part, that: (2) To obtain issuance of the writ, the plaintiff, . . . Stat. § 77.031(2)-(3). . . . FEG’s Libyan Proceeding fails to satisfy the safeguards required by section 77.031: 1) FEG filed the . . .

APR ENERGY, LLC, a v. FIRST INVESTMENT GROUP CORPORATION, a a k a a, 51 F. Supp. 3d 1227 (M.D. Fla. 2014)

. . . Defendants contend that they have satisfied the prerequisites under Florida Statute section 77.031 to . . . Stat. § 77.031. . Fla. Stat. §§ 726.105-108. . . . . Section 77.031 provides, in pertinent part, that: (2) To obtain issuance of the writ, the plaintiff, . . . Stat. § 77.031 (2)-(3). . . . FEG’s Libyan Proceeding fails to satisfy the safeguards required by section 77.031: 1) FEG filed the . . .

PINES PROPERTIES, INC. a v. AMERICAN MARINE BANK, a a, 156 F. App'x 237 (11th Cir. 2005)

. . . . § 77.031(2). . . .

WEINSTEIN a k a v. AISENBERG,, 758 So. 2d 705 (Fla. Dist. Ct. App. 2000)

. . . Asenberg did not pursue the relief available under the prejudgment garnishment statute, section 77.031 . . .

DOUG SEARS CONSULTING, INC. a d b a D. v. ATS SERVICES, INC. a d b a, 752 So. 2d 668 (Fla. Dist. Ct. App. 2000)

. . . Consulting four Verified Motions for Prejudgment Writs of Garnishment (Verified Motions) pursuant to section 77.031 . . .

GAREL AND JACOBS, P. A. v. WICK, A, 683 So. 2d 184 (Fla. Dist. Ct. App. 1996)

. . . Section 77.031(2), Florida Statutes (1995) explicitly provides that a motion to procure such writ “shall . . . , the movant for the prejudgment writ of attachment, did not post a bond as was required by section 77.031 . . .

CENTRAL BANK OF TAMPA, a v. UNITED STATES, 833 F. Supp. 892 (M.D. Fla. 1993)

. . . See, § 76.01 et seq., and § 77.031, Florida Statutes (1991). . . .

BARBOUTI, v. LYSANDROU N. A. LYSANDROU, v. BARBOUTI,, 559 So. 2d 648 (Fla. Dist. Ct. App. 1990)

. . . See § 77.031, Fla.Stat. (1989). . . . Affirmed. . 77.031 Issuance of writ before judgment. . . .

In RETTEMNIER, 113 B.R. 757 (Bankr. S.D. Fla. 1990)

. . . Sec. 77.031(1) (1987), entered against the bank account of the Rettemniers at Harbor Federal Savings . . . The Writ of Garnishment was issued by the clerk of the state court pursuant to Section 77.031(1) (1987 . . . Sec. 77.031(1) (1987) is “legal process” and a “judicial lien” within the meaning of 11 U.S.C. . . .

In MURRAY INDUSTRIES, INC. MURRAY INDUSTRIES, INC. v. NORWEST BANK MINNEAPOLIS, N. A. G. MURRAY INDUSTRIES, INC. v. G. MURRAY,, 106 B.R. 730 (Bankr. M.D. Fla. 1989)

. . . Motion for Writ of Garnishment is filed in Adversary Proceeding No. 89-442 and is based on Fla.Stat. 77.031 . . .

CERNA, v. SWISS BANK CORPORATION OVERSEAS S. A., 503 So. 2d 1297 (Fla. Dist. Ct. App. 1987)

. . . neither prejudgment attachment nor garnishment lie under the terms of the respective statutes, §§ 76.04, 77.031 . . . fraudulently disposing of his property” to avoid payment of a debt. § 76.04(10), Fla.Stat. (1985); see § 77.031 . . .

S. MATTHEWS, v. E. WOOD G. P. A., 485 So. 2d 472 (Fla. Dist. Ct. App. 1986)

. . . . § 77.031, Fla.Stat. (1971). . . .

P. NIESZ, v. H. GEHRIS, III,, 418 So. 2d 445 (Fla. Dist. Ct. App. 1982)

. . . is due, see section 76.05, Florida Statutes (1981); as to garnishment before judgment, see section 77.031 . . .

STATE v. MILLER,, 373 So. 2d 677 (Fla. 1979)

. . . . §§ 77.031, 77.04, 77.06, 77.07, Fla.Stat. (1975). . § 85.031(2), Fla.Stat. (1977): BY SALE WITHOUT . . .

ITT COMMUNITY DEVELOPMENT CORPORATION, a v. BARTON, a k a A. R. R. P. A., 569 F.2d 1351 (5th Cir. 1978)

. . . . § 77.031. . . .

SOUTHEAST FIRST NATIONAL BANK OF MIAMI, v. A. BUTTER,, 350 So. 2d 573 (Fla. Dist. Ct. App. 1977)

. . . appeals from an order dissolving a writ of garnishment entered prior to judgment pursuant to Sections 77.031 . . .

RAY LEIN CONSTRUCTION, INC. v. M. WAINWRIGHT, a, 346 So. 2d 1029 (Fla. 1977)

. . . In light of recent judicial treatment of similar prejudgment procedures, we hold that Sections 77.031 . . . Section 77.031, Florida Statutes (1975), allows a writ to issue without judicial supervision. 2. . . . Sections 77.031, 77.04, 77.06, and 77.07, Florida Statutes (1975), insofar as they pertain to prejudgment . . . ADKINS, J., dissents. . 77.031 Garnishment before judgment; procurement.— (1) Before judgment has been . . . to the Fourth District Court of Appeal who, in turn, transferred it here: Are the provisions of §§ 77.031 . . .

CITIZENS NATIONAL BANK OF NAPLES, a v. INDIANA INSURANCE COMPANY, 340 So. 2d 107 (Fla. 1976)

. . . The parties sought to invoke the jurisdiction of this Court because the trial court ruled Section 77.031 . . .

BROWN, v. LIBERTY LOAN CORPORATION OF DUVAL, S., 539 F.2d 1355 (5th Cir. 1976)

. . . The Florida statutory prejudgment provisions, §§ 77.031, 77.04, and 77.06 et seq., Fla. . . .

SHANNON, v. GREAT SOUTHERN EQUIPMENT COMPANY,, 326 So. 2d 19 (Fla. Dist. Ct. App. 1976)

. . . At the same time Great Southern moved for pre-judgment garnishment against Shannon, pursuant to § 77.031 . . .

D. BUNTON, a v. FIRST NATIONAL BANK OF TAMPA, a, 394 F. Supp. 793 (M.D. Fla. 1975)

. . . . §§ 77.031, 77.04, and 77.06 et seq. . . . On April 9, 1973, pursuant to Fla.Stat.Ann. § 77.031, First National filed a motion in the state court . . . Under Section 77.031 the motion need not be verified, nor supported by affidavit. . . . It does not appear from the file whether a bond had been executed as required by Fla.Stat.Ann. § 77.031 . . .

SILVERMAN, v. R. LICHTMAN,, 296 So. 2d 495 (Fla. Dist. Ct. App. 1974)

. . . garnishment stated that the debt for which counterclaiment sued therein was just, due and unpaid (§ 77.031 . . . Fla.Stat., F.S.A.) and filed a bond (a cash bond in this instance), conditioned as provided for by § 77.031 . . .