Florida Statute 77.55 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 77
GARNISHMENT

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F.S. 77.055

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.

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Amendments to 77.055

Annotations, Discussions, Cases:

Cases Citing Statute 77.055

Total Results: 24

Malowney v. Federal Collection Deposit Group

193 F.3d 1342, 1999 U.S. App. LEXIS 27985, 1999 WL 982407

Court of Appeals for the Eleventh Circuit | Filed: Oct 29, 1999 | Docket: 395547

Cited 281 times | Published

the Florida post-judgment garnishment statute, § 77.055 of the Florida Code. That section requires the

Keith Stansell v. Revolutionary Armed Forces of Columbia, (FARC)

771 F.3d 713

Court of Appeals for the Eleventh Circuit | Filed: Oct 16, 2014 | Docket: 1451325

Cited 107 times | Published

claimants to halt an execution sale); Fla. Stat. § 77.055 (requiring service of garnishee’s answer to the

Regions Bank v. Hyman

91 F. Supp. 3d 1234, 2015 U.S. Dist. LEXIS 28654, 2015 WL 1033915

District Court, M.D. Florida | Filed: Mar 7, 2015 | Docket: 64300911

Cited 6 times | Published

factual disputes and noting noncompliance with F.S. § 77.055 is sufficient basis for reversal)). The Court

Fla. Psc v. Pruitt, Humphress

587 So. 2d 561, 1991 WL 199928

District Court of Appeal of Florida | Filed: Oct 4, 1991 | Docket: 1405868

Cited 5 times | Published

one authority, service of the notice under section 77.055 to other persons named in the garnishee's answer

First Colony v. Sun State Capital Funding

730 So. 2d 735, 1999 WL 122789

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 1755322

Cited 4 times | Published

notice was given to Ms. Parker pursuant to section 77.055, Florida Statutes (1997). Sun State may maintain

Martinez v. Republic of Cuba

708 F. Supp. 2d 1298, 2010 U.S. Dist. LEXIS 49169, 2010 WL 1707649

District Court, S.D. Florida | Filed: Apr 28, 2010 | Docket: 2404404

Cited 3 times | Published

garnishment and the garnishee's answer on the defendant, § 77.055, Fla. Stat. (2000), and permits the defendant

BNP PARIBAS v. Wynne

944 So. 2d 1004, 2005 WL 53262

District Court of Appeal of Florida | Filed: Jan 12, 2005 | Docket: 1156004

Cited 2 times | Published

The twenty day requirement is referred to in section 77.055, which states the plaintiff must serve a notice

Beardsley v. Admiral Ins. Co.

647 So. 2d 327, 1994 Fla. App. LEXIS 12384, 1994 WL 706229

District Court of Appeal of Florida | Filed: Dec 21, 1994 | Docket: 437245

Cited 2 times | Published

of Grant Beardsley and Sue Beardsley. Under section 77.055, Florida Statutes (1993): Within 5 days after

T-JETT ENTER. INC. v. Ernest & Stewart, Inc.

543 So. 2d 390

District Court of Appeal of Florida | Filed: May 16, 1989 | Docket: 2581377

Cited 2 times | Published

failure to comply with the requirements of section 77.055, Florida Statutes (1987), and properly notify

Villamorey, S.A. v. Bdt Investments, Inc.

245 So. 3d 909

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366301

Cited 1 times | Published

subject to BDT’s garnishment. Pursuant to section 77.055 of the Florida Statutes (2017),5 BDT

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

days to move to dissolve the writ pursuant to section 77.055, Florida Statutes (2012). The Judgment Debtor

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

notice requirements in Fla. Stat. § 77.041 and § 77.055. She also argues that in Florida, a tenancy in

T.G.O.B., LLC v. Murphy

37 So. 3d 985, 2010 Fla. App. LEXIS 9553, 2010 WL 2598230

District Court of Appeal of Florida | Filed: Jun 30, 2010 | Docket: 1418805

Cited 1 times | Published

dissolve writ of garnishment as it was untimely. § 77.055, Fla. Stat. (2009). As the court properly observed

Navy Federal Credit Union v. Veros Credit, LLC and Jonathan D. Arroyo

District Court of Appeal of Florida | Filed: Nov 6, 2024 | Docket: 69347469

Published

judgment. The garnishee answered pursuant to section 77.055, Florida Statutes (2021). The garnishee conceded

City of Delray Beach v. Desisto

204 So. 3d 954, 2016 Fla. App. LEXIS 16766

District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 63630699

Published

failure to comply with the notice requirements of section 77.055, Florida Statutes; (2) the fee issue was under

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

days to move to dissolve the writ pursuant to section 77.055, Florida Statutes (2012). The Judgment

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

allegations in the motion for garnishment are untrue. § 77.055, Fla. Stat. (2003). First Union is entitled to

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

defendant. See § 77.04. Fla. Stat. (1997). Section 77.055, Florida Statutes (1997) provides that notice

Malowney v. Hodges

193 F.3d 1342

Court of Appeals for the Eleventh Circuit | Filed: Oct 29, 1999 | Docket: 395546

Published

Florida post-judgment garnishment statute, section § 77.055 of the Florida Code. That section requires the

Cadle Co. v. G & G Associates

741 So. 2d 1257, 1999 Fla. App. LEXIS 13198, 1999 WL 816974

District Court of Appeal of Florida | Filed: Oct 6, 1999 | Docket: 64791259

Published

Grieco. Cadle served the notice required by section 77.055, Florida Statutes (1997). Pursuant to section

Triton Holdings, Inc. v. First Union National Bank of Florida

723 So. 2d 377, 1998 Fla. App. LEXIS 16445, 1998 WL 904110

District Court of Appeal of Florida | Filed: Dec 30, 1998 | Docket: 64785130

Published

proceedings to comport with due process of law. See § 77.055, Fla. Stat. (1995). Accordingly, the trial court

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

them of their right to move to dissolve the writ. § 77.055. The statutory right to move to dissolve the writ

London v. Wiles

695 So. 2d 876, 35 U.C.C. Rep. Serv. 2d (West) 1017, 1997 Fla. App. LEXIS 6944

District Court of Appeal of Florida | Filed: Jun 20, 1997 | Docket: 64774348

Published

Wiles then served notice on Tier, pursuant to section 77.055, Florida Statutes (1995). Tier moved to dissolve

Cruise Control, Inc. v. Tyler

577 So. 2d 709, 1991 Fla. App. LEXIS 3347, 1991 WL 53557

District Court of Appeal of Florida | Filed: Apr 10, 1991 | Docket: 64657942

Published

appellant Webber, with the notice required by section 77.055, Florida Statutes (1989). See T-Jett Enterprises