Florida Statute 77.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 77
GARNISHMENT

View Entire Chapter

F.S. 77.04

77.04 Writ; form.—The writ shall require the garnishee to serve an answer on the plaintiff within 20 days after service of the writ stating whether the garnishee is indebted to the defendant at the time of the answer, or was indebted at the time of service of the writ, plus up to 1 business day for the garnishee to act expeditiously on the writ, or at any time between such times; in what sum and what tangible or intangible personal property of defendant the garnishee has in his or her possession or control at the time of his or her answer, or had at the time of the service of the writ, or at any time between such times; and whether the garnishee knows of any other person indebted to defendant, or who may have any of the property of defendant in his or her possession or control. The writ shall state the amount named in plaintiff’s motion. If the garnishee is a business entity, an authorized employee or agent of the entity may execute, file, and serve the answer on behalf of the entity.

History.—s. 1, ch. 43, 1845; RS 1668; s. 1, ch. 4393, 1895; GS 2132; RGS 3434; CGL 5287; s. 11, ch. 28301, 1953; s. 27, ch. 67-254; s. 385, ch. 95-147; s. 14, ch. 2005-241; s. 1, ch. 2013-233.

F.S. 77.04 on Google Scholar

F.S. 77.04 on Casetext

Amendments to 77.04

Arrestable Offenses / Crimes under Fla. Stat. 77.04

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 77.04.

Annotations, Discussions, Cases:

Cases Citing Statute 77.04

Total Results: 20

Pablo Guzman, M.D. and Holy Cross Hospital, Inc. v. Maria Joanna Lazzari, the Plenary Guardian of the Person and Property of Morela Lazzari

Court: District Court of Appeal of Florida | Date Filed: 2024-07-03

Snippet: Past medical expenses $ 371,077 4 It is suggested that the zero award for past medical

DIANE BENDER v. JACK SHATZ

Court: District Court of Appeal of Florida | Date Filed: 2020-07-15

Snippet: to the property at issue in this case, section 77.04 requires the garnishee to serve “an answer on the

MYRTLE GANNON v. JOHN CUCKLER, M. D.

Court: District Court of Appeal of Florida | Date Filed: 2019-10-16

Snippet: appropriate process or proceedings"); see also §§ 77.04, .06, .061, Fla. Stat. (1997) (governing service

R.J. Reynolds Tobacco Company v. Evers

Court: District Court of Appeal of Florida | Date Filed: 2017-09-15

Snippet: " 945 So. 2d at 1276-77. -4- At the end

Marvin Castellanos v. Next Door Company

Court: Supreme Court of Florida | Date Filed: 2016-04-28

Citation: 192 So. 3d 431, 41 Fla. L. Weekly Supp. 197, 2016 WL 1700521, 2016 Fla. LEXIS 885

Snippet: $446,472,919 48.23% 51.77% 04-05 $475,215,605 44.43%

Laura M. Watson, P.A. v. Stewart Tilghman Fox & Bianchi, P.A.

Court: District Court of Appeal of Florida | Date Filed: 2014-10-15

Citation: 162 So. 3d 102, 2014 Fla. App. LEXIS 16803, 2014 WL 5149106

Snippet: the garnishee in strict compliance with section 77.04, Florida Statutes (2012). For the reasons set forth

Laura M. Watson, P.A., d/b/a Watson & Lentner v. Stewart Tilghman Fox & Bianchi, P.A., etc., William C. Hearon, P.A., etc. and Todd S. Stewart, P.A., etc.

Court: District Court of Appeal of Florida | Date Filed: 2014-10-15

Snippet: the garnishee in strict compliance with section 77.04, Florida Statutes (2012). For the reasons set forth

In Re Standard Jury Instructions in Criminal Cases—Report No. 2008-08

Court: Supreme Court of Florida | Date Filed: 2009-02-26

Citation: 6 So. 3d 574, 34 Fla. L. Weekly Supp. 232, 2009 Fla. LEXIS 313, 2009 WL 465938

Snippet: --------- Attempt 77.04(1) 5.1 ------------------------------

Merrill Lynch & Co. v. Valat International Holdings, Ltd.

Court: District Court of Appeal of Florida | Date Filed: 2008-06-11

Citation: 987 So. 2d 703, 2008 Fla. App. LEXIS 8464, 2008 WL 2357014

Snippet: writs within the required twenty-day period. See § 77.04, Fla. Stat. (2006) (stating that a properly served

Arnold, Matheny, Pa v. First Am. Holdings

Court: Supreme Court of Florida | Date Filed: 2008-05-01

Citation: 982 So. 2d 628, 33 Fla. L. Weekly Supp. 268, 2008 Fla. LEXIS 755, 2008 WL 1901686

Snippet: defendant in his or her possession or control. § 77.04, Fla. Stat. (2002). In addition to filing the answer

FIRST AMERICAN HOLDINGS v. Preclude, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2007-05-11

Citation: 955 So. 2d 1231, 2007 WL 1373759

Snippet: control at the time" that the writ is served. § 77.04, Fla. Stat. (2002). Additionally, the law makes

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: garnishee has twenty days to serve an answer. § 77.04, Fla. Stat. (2003). In addition, upon issuance of

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: of anyone else indebted to the defendant. See § 77.04. Fla. Stat. (1997). Section 77.055, Florida Statutes

Navon, Kopelman & O'Donnell, P.A. v. Synnex Information Technologies, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1998-11-25

Citation: 720 So. 2d 1167, 1998 Fla. App. LEXIS 15009, 1998 WL 821787

Snippet: any other person indebted to the defendant. See § 77.04, Fla.Stat. (1997). Once that information is received

Ago

Court: Florida Attorney General Reports | Date Filed: 1997-11-19

Snippet: procedure in Chapter 197, Florida Statutes.6 Section 77.04, Florida Statutes, prescribes the form for a writ

Geiger v. Geiger

Court: District Court of Appeal of Florida | Date Filed: 1994-03-01

Citation: 632 So. 2d 693, 1994 WL 57669

Snippet: Thus, husband had a total arrearage of $3,455.77.[4] The trial judge further found that husband had

Atwater v. State

Court: Supreme Court of Florida | Date Filed: 1993-09-16

Citation: 626 So. 2d 1325, 1993 WL 349710

Snippet: aggravating factor. Fla.Std.Jury Instr. (Crim.) 77. [4] Atwater claims that he had a pretense of moral

Crocker Investments, Inc. v. Statesman Life Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 1987-11-10

Citation: 515 So. 2d 1305, 12 Fla. L. Weekly 2589, 1987 Fla. App. LEXIS 10984

Snippet: 1986 to answer Crocker’s writ of garnishment. § 77.04 Fla.Stat. (1985); Fla.R.Civ.P. 1.090(a). . This

Crocker Inv. v. STATESMAN L. INS.

Court: District Court of Appeal of Florida | Date Filed: 1987-11-10

Citation: 515 So. 2d 1305

Snippet: 1986 to answer Crocker's writ of garnishment. § 77.04 Fla. Stat. (1985); Fla.R.Civ.P. 1.090(a). [2] This

Tire Kingdom, Inc. v. Bowman

Court: District Court of Appeal of Florida | Date Filed: 1985-12-26

Citation: 480 So. 2d 221, 11 Fla. L. Weekly 52, 1985 Fla. App. LEXIS 6094

Snippet: in Carpenter was in the form provided by section 77.04, Florida Statutes (1983) and is virtually identical