Florida Statutes
Fla. Stat. § 77.04 (2025)
Writ; form.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 44
cases (18 in the last 5 years), 1967–2026 · leading case: Arnold, Matheny, Pa v. First Am. Holdings, 982 So. 2d 628 (Fla. 2008).
Arnold, Matheny, Pa v. First Am. Holdings, 982 So. 2d 628 (Fla. 2008). “§ 77.04, Fla. Stat. (2002). In addition to filing the answer, the garnishee is required to "retain .”
Gieger v. Sun 1st Nat. Bank of Orlando, 427 So. 2d 815 (Fla. 5th DCA 1983). “See section 77.04, Florida Statutes (1981). The final judgment is therefore reversed and the cause is remanded for further proceedings consistent herewith.”
Smart v. City of Miami Beach, 51 F. Supp. 3d 1299 (S.D. Fla. 2014). “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.”
Carpenter v. Benson, 478 So. 2d 353 (Fla. 5th DCA 1985). “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.”
First Am. Holdings v. Preclude, Inc., 955 So. 2d 1231 (Fla. 2d DCA 2007). “§ 77.04, Fla. Stat. (2002). Additionally, the law makes the garnishee liable for any amount that it holds but fails to properly report in the answer or fails to retain for the benefit of the garnishor.”
Reeves v. Don L. Tullis & Assocs., 305 So. 2d 813 (Fla. 1st DCA 1975). “F.S. § 77.04 prescribes the form of the writ and a model is set forth as Form 1.”
Tire Kingdom, Inc. v. Bowman, 480 So. 2d 221 (Fla. 5th DCA 1985). “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.”
Navon, Kopelman & O'Donnell, P.A. v. Synnex Info. Tech., Inc., 720 So. 2d 1167 (Fla. 4th DCA 1998). “See § 77.04, Fla.Stat. (1997). Once that information is received the gar-nishor must send notice to those persons disclosed in the garnishee’s answer informing them of the garnishment and advising them of their right to move to dissolve the writ.”
United Presidential Life Ins. v. King, 361 So. 2d 710 (Fla. 1978). “[3] Section 77.04, Fla. Stat. (1975) provides: The writ shall require the garnishee to serve an answer to it on plaintiff within 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 writ, or at…”
Elvine v. Pub. Fin. Co., 196 So. 2d 25 (Fla. 3d DCA 1967). “Appellee moved for the entry of a default *26 upon the ground that no answer under oath, as required by § 77.04 Fla. Stat., F.S.A., was filed. This motion came on for hearing on July 7th at which time garnishee tendered to the court an amended answer.”
Crocker Investments, Inc. v. Statesman Life Ins. Co., 515 So. 2d 1305 (Fla. 3d DCA 1987). “§ 77.04 Fla.Stat. (1985); Fla.R.Civ.P. 1.”
Merrill L., P., F. & S., Inc. v. Pub.'s Vend. Serv., Inc., 296 So. 2d 570 (Fla. 3d DCA 1974). “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.”
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