Florida Statute 77.4 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 77.04

Annotations, Discussions, Cases:

Cases Citing Statute 77.04

Total Results: 22

Arnold, Matheny, Pa v. First Am. Holdings

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

Supreme Court of Florida | Filed: May 1, 2008 | Docket: 2518612

Cited 19 times | Published

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

United Presidential Life Ins. v. King

361 So. 2d 710

Supreme Court of Florida | Filed: Apr 27, 1978 | Docket: 1288668

Cited 15 times | Published

foreign or alien insurer in this state. [3] Section 77.04, Fla. Stat. (1975) provides: The writ shall

Brown v. Liberty Loan Corporation of Duval

392 F. Supp. 1023, 1974 U.S. Dist. LEXIS 11893

District Court, M.D. Florida | Filed: Nov 25, 1974 | Docket: 1146652

Cited 12 times | Published

after 20 days after the writ issues. Under Section 77.04 of the Florida statutes,[10] the garnishee does

Gieger v. SUN 1ST NAT. BANK OF ORLANDO

427 So. 2d 815

District Court of Appeal of Florida | Filed: Mar 9, 1983 | Docket: 1648301

Cited 11 times | Published

served, or at any time between such times. See section 77.04, Florida Statutes (1981). The final judgment

Reeves v. Don L. Tullis & Associates

305 So. 2d 813, 1975 Fla. App. LEXIS 14783

District Court of Appeal of Florida | Filed: Jan 8, 1975 | Docket: 1512345

Cited 9 times | Published

garnishment at the behest of a judgment holder. F.S. § 77.04 prescribes the form of the writ and a model is

Crocker Inv. v. STATESMAN L. INS.

515 So. 2d 1305

District Court of Appeal of Florida | Filed: Nov 10, 1987 | Docket: 1749338

Cited 7 times | Published

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

Elvine v. Public Finance Co.

196 So. 2d 25

District Court of Appeal of Florida | Filed: Feb 28, 1967 | Docket: 309858

Cited 7 times | Published

ground that no answer under oath, as required by § 77.04 Fla. Stat., F.S.A., was filed. This motion came

Carpenter v. Benson

478 So. 2d 353, 10 Fla. L. Weekly 2115

District Court of Appeal of Florida | Filed: Sep 12, 1985 | Docket: 1484809

Cited 5 times | Published

garnishee was substantially in the form required by section 77.04 and required the garnishee to respond as to

Hauser v. Dr. Chatelier's Plant Food Co., Inc.

350 So. 2d 548

District Court of Appeal of Florida | Filed: Oct 5, 1977 | Docket: 1757823

Cited 5 times | Published

the clerk, was substantially as required by Section 77.04, and required the garnishee to respond as to

Merrill L., P., F. & S., Inc. v. Publisher's Vend. Serv., Inc.

296 So. 2d 570

District Court of Appeal of Florida | Filed: Jun 18, 1974 | Docket: 1754787

Cited 5 times | Published

later and one day late as provided by Fla. Stat. § 77.04, F.S.A., the appellant mailed an answer to the

Tire Kingdom, Inc. v. Bowman

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

District Court of Appeal of Florida | Filed: Dec 26, 1985 | Docket: 1667310

Cited 4 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Oct 15, 2014 | Docket: 60247362

Cited 1 times | Published

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

Smart v. City of Miami Beach

51 F. Supp. 3d 1299, 2014 U.S. Dist. LEXIS 146285, 2014 WL 5040304

District Court, S.D. Florida | Filed: Oct 8, 2014 | Docket: 64297646

Cited 1 times | Published

until November 12, 2009. Id. at Ex. D. Fla. Stat. § 77.04 provides that upon service of a writ of garnishment

FIRST AMERICAN HOLDINGS v. Preclude, Inc.

955 So. 2d 1231, 2007 WL 1373759

District Court of Appeal of Florida | Filed: May 11, 2007 | Docket: 1659145

Cited 1 times | Published

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

DIANE BENDER v. JACK SHATZ

District Court of Appeal of Florida | Filed: Jul 15, 2020 | Docket: 17350910

Published

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

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.

District Court of Appeal of Florida | Filed: Oct 15, 2014 | Docket: 1447658

Published

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

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

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

District Court of Appeal of Florida | Filed: Jun 11, 2008 | Docket: 64855285

Published

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

First Union National Bank of Florida v. Knyal

874 So. 2d 716, 2004 Fla. App. LEXIS 7725, 2004 WL 1196983

District Court of Appeal of Florida | Filed: Jun 2, 2004 | Docket: 64830949

Published

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

Rudd v. First Union National Bank

761 So. 2d 1189, 2000 Fla. App. LEXIS 8018, 2000 WL 827076

District Court of Appeal of Florida | Filed: Jun 28, 2000 | Docket: 64798518

Published

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.

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

District Court of Appeal of Florida | Filed: Nov 25, 1998 | Docket: 64784395

Published

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

Ago

Florida Attorney General Reports | Filed: Nov 19, 1997 | Docket: 3257434

Published

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

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

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

District Court of Appeal of Florida | Filed: Nov 10, 1987 | Docket: 64631154

Published

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