Florida Statutes

Fla. Stat. § 77.055 (2025)

Service of garnishee’s answer and notice of right to dissolve writ.

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77.055 Service of garnishee’s answer and notice of right to dissolve writ.—Within 5 days after service of the garnishee’s answer on the plaintiff or after the time period for the garnishee’s answer has expired, the plaintiff shall serve, by mail, the following documents: a copy of the garnishee’s answer, and a notice advising the recipient that he or she must move to dissolve the writ of garnishment within 20 days after the date indicated on the certificate of service in the notice if any allegation in the plaintiff’s motion for writ of garnishment is untrue. The plaintiff shall serve these documents on the defendant at the defendant’s last known address and any other address disclosed by the garnishee’s answer and on any other person disclosed in the garnishee’s answer to have any ownership interest in the deposit, account, or property controlled by the garnishee. The plaintiff shall file in the proceeding a certificate of such service.

History.—s. 1, ch. 85-272; s. 2, ch. 88-295; s. 386, ch. 95-147; s. 23, ch. 2000-258.

Notes of Decisions

Cited in 49 cases (26 in the last 5 years), 1989–2025 · leading case: Keith Stansell v. Revolutionary Armed Forces of Columbia, (FARC), 771 F.3d 713 (11th Cir. 2014).

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Keith Stansell v. Revolutionary Armed Forces of Columbia, (FARC), 771 F.3d 713 (11th Cir. 2014). “16 (outlining procedure for third-party claimants to halt an execution sale); Fla. Stat. § 77.055 (requiring service of garnishee’s answer to the writ on “any .”

Regions Bank v. Hyman, 91 F. Supp. 3d 1234 (M.D. Fla. 2015). · cites it 4× “The Court notes that there is a dispute *1245 between Plaintiff Regions, Defendant Bing Kearney and interested party Tonya Kear-ney as to the ownership of the 056 account, which is addressed below.”

Rudd v. First Union Nat'l Bank, 761 So. 2d 1189 (Fla. 4th DCA 2000). · cites it 8× “§ 77.055, Fla. Stat. (1997). *1192 The defendant and any other person having an ownership interest in the property, shall file and serve a motion to dissolve the garnishment within 20 days after the date indicated in the certificate of service on the defendant and such other…”

Villamorey, S.A. v. Bdt Investments, Inc., 245 So. 3d 909 (Fla. 3d DCA 2018). · cites it 3× “§ 77.055, Fla. Stat. (2017). 3 provided a copy of Bank’s answer to Villamorey and notified Villamorey that, in order to dissolve the writ of garnishment directed towards its account at Bank, Villamorey must file a motion to dissolve the writ within twenty days.”

Smart v. City of Miami Beach, 51 F. Supp. 3d 1299 (S.D. Fla. 2014). · cites it 5× “Fla. Stat. § 77.055 . The statute requires service at Plaintiffs last known address and/or any other address disclosed by the garnishee’s answer.”

First Colony v. Sun State Capital Funding, 730 So. 2d 735 (Fla. 2d DCA 1999). · cites it 2× “Parker pursuant to section 77.055, Florida Statutes (1997). Sun State may maintain that she waived such notice.”

Martinez v. Repub. of Cuba, 708 F. Supp. 2d 1298 (S.D. Fla. 2010). · cites it 2× “Although this action is technically against the Garnishees (Florida residents), it is against a foreign state in the sense that it seeks to attach the assets of a foreign state. The Florida statutory garnishment scheme confirms this finding.”

T-JETT ENTER. INC. v. Ernest & Stewart, Inc., 543 So. 2d 390 (Fla. 3d DCA 1989). · cites it 2× “We point out, moreover, that the appellee's failure to comply with the requirements of section 77.055, Florida Statutes (1987), and properly notify the seller of the garnishment proceedings, would be sufficient basis alone for reversing the garnishment order.”

Bnp Paribas v. Wynne, 944 So. 2d 1004 (Fla. 4th DCA 2005). “[5] The twenty day requirement is referred to in section 77.055, which states the plaintiff must serve a notice on the defendant "advising that he or she must move to dissolve the writ of garnishment within twenty days after the date indicated on the certificate of service in…”

Beardsley v. Admiral Ins. Co., 647 So. 2d 327 (Fla. 3d DCA 1994). · cites it 2× “Under section 77.055, Florida Statutes (1993): Within 5 days after service of the garnishee's answer on the plaintiff or after the time period for the garnishee's answer has expired, the plaintiff shall serve, by mail, the following documents: a copy of the writ, a copy of the…”

First Union Nat'l Bank of Florida v. Knyal, 874 So. 2d 716 (Fla. 4th DCA 2004). · cites it 2× “§ 77.055, Fla. Stat. (2003). First Union is entitled to a post-judgment writ of garnishment, and the debtors do not have a right to a hearing before issuance of the writ.”

Fla. Psc v. Pruitt, Humphress, 587 So. 2d 561 (Fla. 1st DCA 1991). “NOTES [1] According to one authority, service of the notice under section 77.055 to other persons named in the garnishee's answer, does not make the other persons parties because it is not a process, and the party obtaining the writ of garnishment should implead the other…”

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