CopyCited 19 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 268, 2008 Fla. LEXIS 755, 2008 WL 1901686
...nswer, 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. § 77.04, Fla....
CopyCited 15 times | Published | Supreme Court of Florida
...The insurer may change the designation at any time by a new filing. (3) Service of process upon the insurance commissioner and treasurer as the insurer's attorney pursuant to such an appointment shall be the sole method of service of process upon an authorized domestic, foreign or alien insurer in this state. [3] Section 77.04, Fla....
CopyCited 12 times | Published | District Court, M.D. Florida | 1974 U.S. Dist. LEXIS 11893
...ng and dissolution of the writ "unless the plaintiff proves the grounds upon which the writ was issued"; whereas in this case, it appears from the statute that a hearing may not be provided the debtor until after 20 days after the writ issues. Under Section 77.04 of the Florida statutes, [10] the garnishee does not have to file an answer to the petition for the writ until 20 days after service....
...The Court's decision today withdraws significantly from the full reach of that principle, and to this extent I think it fair to say that the Fuentes opinion is overruled.
416 U.S. 600,
94 S.Ct. at 1908,
40 L.Ed.2d at 423. [10] That section provides as follows:
77.04 Writ; form The writ shall require the garnishee to serve an answer to it on plaintiff within twenty (20) days after service stating whether he is indebted to defendant at the time of the answer, or was indebted at the time of service of the wri...
CopyCited 11 times | Published | Florida 5th District Court of Appeal
...This rule has never been changed in this jurisdiction. The trial court was thus in error in ordering garnishment of future payments not due at the time the answer to the writ of garnishment was filed, or at the time the writ was served, or at any time between such times. See section 77.04, Florida Statutes (1981)....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1975 Fla. App. LEXIS 14783
...This appeal resulted. The proper procedure for resolving issues incident to garnishment proceedings is set forth in Chapter 77 Florida Statutes. F.S. §
77.03 provides for the issuance of a writ of garnishment at the behest of a judgment holder. F.S. §
77.04 prescribes the form of the writ and a model is set forth as Form 1.907 pursuant to Rule 1.900 RCP....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
...NOTES [1] This default was entered prematurely. The twentieth day after September 29 was October 19, 1986, which fell on a Sunday. Statesman, therefore, had until the close of business on Monday, October 20, 1986 to answer Crocker's writ of garnishment. § 77.04 Fla....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
...The affidavit for garnishment after judgment was filed May 19, 1966, and the writ served May 20th. The garnishee responded with a letter to the Clerk denying the existence of any indebtedness to Elvine. Appellee moved for the entry of a default *26 upon the ground that no answer under oath, as required by § 77.04 Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 2115
...Chatelier's Plant Food Company, Inc.,
350 So.2d 548 (Fla. 2d DCA 1977), the court arrived at a similar result without addressing the due process issue except by footnote reference. There, the writ served on the garnishee was substantially in the form required by section
77.04 and required the garnishee to respond as to whether or not he was indebted or held any property belonging to the judgment *356 debtors....
...Here, it would have been patently inequitable to enforce a judgment for $32,500 against a garnishee whose only obligation here was the $299.74 erroneously paid to the defendant after the service of the writ of garnishment. AFFIRMED. COBB, C.J., and COWART, J., concur. NOTES [1] Section 77.04 provides: Writ; form....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...Chatelier's one-sentence motion for the writ did not allege the amount of the garnishor's claim, nor otherwise comply with the requirements of Section
77.03, Florida Statutes (1975). The writ, as issued by the clerk, was substantially as required by Section
77.04, and required the garnishee to respond as to whether or not he was indebted or held any property belonging to the judgment debtors....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...On November 27, 1973, the appellant was served with a writ of garnishment by the appellee at its Miami office. The writ was for any debts owed by the appellant to the defendant, A.P. McCorkle. On December 18, 1973, 21 days later and one day late as provided by Fla. Stat. § 77.04, F.S.A., the appellant mailed an answer to the writ to the plaintiff's attorney and to the Clerk of the Dade County Circuit Court....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 52, 1985 Fla. App. LEXIS 6094
...Thus, the judgment for the full amount of the claim by Bowman, since it is in excess of any debt owed to Hines, must be set aside. We therefore remand to the trial court for reconsideration of damages. REVERSED and REMANDED. COBB, C.J., and SHARP, J., concur. NOTES [1] The writ in Carpenter was in the form provided by section 77.04, Florida Statutes (1983) and is virtually identical to the writ served on Tire Kingdom.
CopyCited 1 times | Published | District Court, S.D. Florida | 2014 U.S. Dist. LEXIS 146285, 2014 WL 5040304
...t (2) the writ should be dissolved because the funds in the joint account do not belong to her. In her second Motion [DE 253], she argues that the writ should be dissolved because Defendant failed to comply with the notice requirements in Fla. Stat. §
77.041 and §
77.055....
...She married Darik Smart later that year in December 1998. Hrg Tr. 17:2-3, Sept. 15, 2014. [DE 251]; see also Marriage License Bureau records. [DE 254, Ex. E]. However, the signature cards show that he was not added to the account until November 12, 2009. Id. at Ex. D. Fla. Stat. § 77.04 provides that upon service of a writ of garnishment, a garnishee, in this case Power One, is required to serve an Answer within twenty (20) days of having received the writ. Fla. Stat. § 77.04 ....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 16803, 2014 WL 5149106
...the Bank via certified mail without objection, which thereafter filed its answer to the writ of garnishment. The Judgment Debt- or sought to dissolve the writ of garnishment, alleging lack of proper service on the garnishee in strict compliance with section 77.04, Florida Statutes (2012)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1373759
...The Florida garnishment statute requires that upon being served with a writ of garnishment, the garnishee must serve an answer stating whether it is indebted to the defendant and what sum the garnishee "has in his or her possession or control at the time" that the writ is served. § 77.04, Fla....
CopyCited 1 times | Florida 4th District Court of Appeal
...2016) (stating that entitlement to the homestead exemption presents
a pure question of law reviewed de novo); Spector v. Spector,
226 So. 3d
256, 258-59 (Fla. 4th DCA 2017) (“We review the court’s legal conclusions
regarding the application of homestead protections de novo.”).
Section
77.04, Florida Statutes (2023), allows for garnishment of
“tangible or intangible personal property of defendant the garnishee has
in his or her possession or control ....
...urpose of a reverse mortgage
to help the debtor remain[] living in that homestead property.” This
2 For these reasons, the undistributed funds in the reverse mortgage line of credit
were also not garnishable “property” of the homeowner. See § 77.04, Fla....
CopyPublished | Florida 4th District Court of Appeal
...Judgment Creditor were served on the Bank via certified mail without
objection, which thereafter filed its answer to the writ of garnishment.
The Judgment Debtor sought to dissolve the writ of garnishment, alleging
lack of proper service on the garnishee in strict compliance with section
77.04, Florida Statutes (2012)....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 15009, 1998 WL 821787
...Upon service of a writ of garnishment, the garnishee must serve an answer which, pertinent to the present case, must indicate whether the garnishee has property of the defendant under his or her control, or knows of any other person indebted to the defendant. See § 77.04, Fla.Stat....
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
...Had the Legislature wished to require the tax collector to use the garnishment procedures in Chapter 77 , Florida Statutes, to recover money and property for the payment of delinquent tangible personal property tax, it would have been unnecessary to devise a separate procedure in Chapter 197 , Florida Statutes. 6 Section 77.04 , Florida Statutes, prescribes the form for a writ of garnishment....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2589, 1987 Fla. App. LEXIS 10984
.... This default was entered prematurely. The twentieth day after September 29 was October 19, 1986, which fell on a Sunday. Statesman, therefore, had until the close of business on Monday, October 20, 1986 to answer Crocker’s writ of garnishment. § 77.04 Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 7725, 2004 WL 1196983
...nt. §
77.01, Fla. Stat. (2003). Upon motion by the plaintiff (First Union), the court shall issue the continuing writ of garnishment. §§
77.03 and
77.0305, Fla. Stat. (2003). Once the writ issues, the garnishee has twenty days to serve an answer. §
77.04, Fla. Stat. (2003). In addition, upon issuance of the writ, if the debtor is an individual, the clerk of the court shall attach a notice of right against garnishment of wages or other property. §
77.041, Fla. Stat. (2003). Pursuant to section
77.041, the debtor can claim certain exemptions in writing, and the debtor has the right to request a hearing....
CopyPublished | Florida 3rd District Court of Appeal | 2008 Fla. App. LEXIS 8464, 2008 WL 2357014
...Valat also served nearly identical writs of garnishment on the Royal Bank of Canada (“RBC”) around that time. The writs listed the three corporate defendants and all of the Safie defendants as judgment debtors. MLC did not answer the writs within the required twenty-day period. See § 77.04, Fla....
CopyPublished | District Court of Appeal of Florida
applies to the property at issue in this case, section
77.04 requires the garnishee to serve “an answer on
