Florida Statute 77.6 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 77
GARNISHMENT

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F.S. 77.06

77.06 Writ; effect.—

(1) Service of the writ shall make garnishee liable for all debts due by him or her to defendant and for any tangible or intangible personal property of defendant in the garnishee’s possession or control at the time of the service of the writ or at any time between the service and the time of the garnishee’s answer. Service of the writ creates a lien in or upon any such debts or property at the time of service or at the time such debts or property come into the garnishee’s possession or control.

(2) The garnishee shall report in its answer and retain, subject to the provisions of s. 77.19 and subject to disposition as provided in this chapter, any deposit, account, or tangible or intangible personal property in the possession or control of such garnishee; and the answer shall state the name or names and addresses, if known to the garnishee, of the defendant and any other persons having or appearing to have an ownership interest in the involved property.

(3) In any case where a garnishee in good faith is in doubt as to whether any indebtedness or property is required by law to be included in the garnishee’s answer or retained by it, the garnishee may include and retain the same, subject to the provisions of s. 77.19 and subject to disposition as provided in this chapter, and in such case the garnishee shall not be liable for so doing to the defendant or to any other person claiming the same or any interest therein or claiming to have sustained damage on account thereof.

(4) Service of a writ on a garnishee shall render him or her liable as provided in this chapter in any fiduciary or representative capacity held by him or her if the fiduciary or representative capacity is specified in the writ.

History.—s. 1, ch. 43, 1845; RS 1670; GS 2134; RGS 3436; CGL 5289; s. 27, ch. 67-254; s. 1, ch. 71-69; s. 1, ch. 74-98; s. 2, ch. 85-272; s. 387, ch. 95-147; s. 24, ch. 2000-258.

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F.S. 77.06 on CourtListener

Amendments to 77.06

Annotations, Discussions, Cases:

Cases Citing Statute 77.06

Total Results: 42

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

until disposition or dissolution of the writ. § 77.06(2), Fla. Stat. (2002). If a garnishee fails to

SEC. Bank v. Bellsouth Adv. & Pub. Corp.

679 So. 2d 795, 1996 WL 410683

District Court of Appeal of Florida | Filed: Jul 24, 1996 | Docket: 1215719

Cited 19 times | Published

property which is held by the garnishee Bank. § 77.06(1) Fla.Stat. (1993). The statute states: 77.06

Walter E. Heller & Co. Southeast v. Williams

450 So. 2d 521

District Court of Appeal of Florida | Filed: Apr 3, 1984 | Docket: 1728906

Cited 14 times | Published

applicable period under the garnishment statute, section 77.06(1), Florida Statutes (1979) and therefore

Bellsouth Advertising v. SEC. Bank

698 So. 2d 254, 1997 WL 476112

Supreme Court of Florida | Filed: Aug 21, 1997 | Docket: 434494

Cited 10 times | Published

the Bank. Id. The district court found that section 77.06(1), Florida Statutes (1995),[1] only allowed

Zivitz v. Zivitz

16 So. 3d 841, 2009 Fla. App. LEXIS 5870, 2009 WL 1424067

District Court of Appeal of Florida | Filed: May 22, 2009 | Docket: 1640738

Cited 9 times | Published

anything other than its statutory compliance with section 77.06(2) (requiring garnishee's answer to report any

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

writ, or at any time between such times". F.S. § 77.06 provides that service of the writ of garnishment

Ryder v. Landmark First National Bank of Fort Lauderdale (In Re Ryder)

59 B.R. 868, 1986 Bankr. LEXIS 6220

United States Bankruptcy Court, S.D. Florida. | Filed: Apr 21, 1986 | Docket: 1380859

Cited 8 times | Published

adjudicated. Section 77.06 of the Florida Statutes provides in pertinent part as follows: Section 77.06. Writ;

Phillips v. General Finance Corporation of Florida

297 So. 2d 6, 1974 Fla. LEXIS 3698

Supreme Court of Florida | Filed: May 15, 1974 | Docket: 1341282

Cited 7 times | Published

against the companies or corporations." Fla. Stat. § 77.06(1), F.S.A., reads: "Service of the writ shall make

In Re Giles

271 B.R. 903, 15 Fla. L. Weekly Fed. B 39, 47 Collier Bankr. Cas. 2d 1213, 2002 Bankr. LEXIS 51, 38 Bankr. Ct. Dec. (CRR) 262, 2002 WL 88992

United States Bankruptcy Court, M.D. Florida | Filed: Jan 24, 2002 | Docket: 1789043

Cited 5 times | Published

legislature amended the Florida garnishment statute, section 77.06, Fla. Stat. (effective July 1, 2000), to specifically

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

control at the time of the service of the writ... ." § 77.06(1), Fla. Stat. (1989). There is no basis in the

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

governed by Chapter 77, Florida Statutes (1983). Section 77.06 provides that service of the writ of garnishment

In Re Snedaker

39 B.R. 41, 1984 Bankr. LEXIS 5831

United States Bankruptcy Court, S.D. Florida. | Filed: Apr 20, 1984 | Docket: 1836540

Cited 5 times | Published

a lien against the property. Florida Statutes, § 77.06; In re Demountable House Corp., 58 F.Supp. 955

Chaachou v. Kulhanjian

104 So. 2d 23

Supreme Court of Florida | Filed: Jun 25, 1958 | Docket: 1312734

Cited 4 times | Published

answer in the cause. By the terms of our statute, § 77.06, Fla. Stat. 1957, F.S.A., the garnishee is answerable

Branch Banking & Trust Co. v. ARK Development/Oceanview, LLC

150 So. 3d 817, 2014 Fla. App. LEXIS 15633, 2014 WL 4988471

District Court of Appeal of Florida | Filed: Oct 8, 2014 | Docket: 60244323

Cited 3 times | Published

garnishment on a garnishee, such as a bank. See § 77.06(1), Fla. Stat. (2013). If a third party claims

Henkel v. Frese, Hansen, Anderson, Hueston, & Whitehead, P.A. (In Re Newgent Golf, Inc.)

402 B.R. 424, 2009 Bankr. LEXIS 562, 2009 WL 712442

United States Bankruptcy Court, M.D. Florida | Filed: Mar 2, 2009 | Docket: 1434911

Cited 3 times | Published

law in effect at that time. Florida Statute Section 77.06 established the effect of service of a writ

Bob Rigby, Inc. v. Fleetwing Corp. (In Re Bob Rigby, Inc.)

36 B.R. 531, 1983 Bankr. LEXIS 5043

United States Bankruptcy Court, M.D. Florida | Filed: Nov 10, 1983 | Docket: 1386899

Cited 3 times | Published

controversy. Section 77.06 of the Florida Statutes provides in pertinent part as follows: Section 77.06. Writ;

Daniels v. Sorriso Dental Studio, LLC

164 So. 3d 778, 2015 Fla. App. LEXIS 7958, 2015 WL 3404071

District Court of Appeal of Florida | Filed: May 27, 2015 | Docket: 2659829

Cited 2 times | Published

Inc., 982 So.2d 628, 632 (Fla.2008) (citing § 77.06, Fla. Stat. (2002)). The effect of this obligation

Specialty Property Development, Inc. v. Ferguson Enterprises, Inc. (In Re Specialty Property Development, Inc.)

399 B.R. 857, 21 Fla. L. Weekly Fed. B 565, 2008 Bankr. LEXIS 3590, 2008 WL 5510216

United States Bankruptcy Court, M.D. Florida | Filed: Nov 24, 2008 | Docket: 1490135

Cited 2 times | Published

statute effective July 1, 2000, Florida Statutes § 77.06, the Writs became fixed the moment it was served

Tardif v. Congro Finanz AG (In Re Engler)

394 B.R. 598, 2008 WL 4155340

United States Bankruptcy Court, M.D. Florida | Filed: Sep 5, 2008 | Docket: 1729537

Cited 2 times | Published

statute effective July 1, 2000, Florida Statutes. § 77.06(1) provides that the "service of a writ creates

Robert C. Malt & Co. v. Colvin

419 So. 2d 745

District Court of Appeal of Florida | Filed: Sep 22, 1982 | Docket: 1753944

Cited 2 times | Published

availed himself of the exculpatory provisions of Section 77.06(3), Florida Statutes. He chose not to do so

Kipnis v. Taub

286 So. 2d 271, 13 U.C.C. Rep. Serv. (West) 1100

District Court of Appeal of Florida | Filed: Dec 11, 1973 | Docket: 1408117

Cited 2 times | Published

depositor in obedience to the writ. See Fla. Stat. § 77.06(2), F.S.A. See also Fla. Stat. § 673.3-409, F.S

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

Villamorey as the account holder.2 Pursuant to section 77.06(3) of the Florida Statutes (2017),3 1 We have

Salcedo v. Wells Fargo Bank, N.A.

223 So. 3d 1099, 2017 WL 2664683, 2017 Fla. App. LEXIS 8954

District Court of Appeal of Florida | Filed: Jun 21, 2017 | Docket: 6078070

Cited 1 times | Published

in accordance with Chapter 77, and primarily-Section 77.06(2) and (3), Florida Statutes.” Later that

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

fails to retain for the benefit of the garnishor. § 77.06. As a general rule, funds held by an attorney in

Brogdon v. Texas Commerce Bank (In Re Brogdon)

75 B.R. 79, 1987 Bankr. LEXIS 1068

United States Bankruptcy Court, M.D. Florida | Filed: May 28, 1987 | Docket: 1636130

Cited 1 times | Published

16 (Bankr.S.D. Fla.1984); Fla.Stat. § 77.06 (1981). Section 77.06 of the Florida Statutes provides in

PHYSICIANS CARE CENTERS OF FLORIDA, LLC v. PNC NATIONAL ASSOCIATION

District Court of Appeal of Florida | Filed: Aug 17, 2022 | Docket: 64898835

Published

service and the time of the garnishee’s answer.” § 77.06, Fla. Stat. (2021). “The function of garnishment

Branch Banking And Trust Company v. ARK Development/Oceanview, LLC, etc., Joseph Kodsi, etc., SKD Acquisition Corp., etc., LAE NYY, LLC, etc., Stone Profiles (I), LLC, etc., Smith & Sons Construction of Florida, LLC, etc., and Michael Wall Plumbing Services, Inc., etc.

District Court of Appeal of Florida | Filed: Oct 8, 2014 | Docket: 1432484

Published

garnishment on a garnishee, such as a bank. See § 77.06(1), Fla. Stat. (2013). If a third party claims

Southern Sky Air & Tours, LLC v. Arrow Energy, Inc.

103 So. 3d 256, 2012 Fla. App. LEXIS 21773, 2012 WL 6601367

District Court of Appeal of Florida | Filed: Dec 19, 2012 | Docket: 60227056

Published

in accordance with Chapter 77, and primarily Section 77.06(2) and (3), Florida Statutes. Appellee filed

Cortez Community Bank v. Cobb

56 So. 3d 80, 2011 Fla. App. LEXIS 2671, 2011 WL 711048

District Court of Appeal of Florida | Filed: Mar 2, 2011 | Docket: 60298645

Published

granting Cobb’s motion for summary judgment. Section 77.06(1), Florida Statutes (2008), specifically provides

General R.A.C., Inc. v. Coldwell Banker Residential Real Estate, Inc.

876 So. 2d 606, 2004 Fla. App. LEXIS 8092, 2004 WL 1252950

District Court of Appeal of Florida | Filed: Jun 9, 2004 | Docket: 64831351

Published

that amendments made to section 77.01 and section 77.06(1), Florida Statutes (2002) effectively overruled

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

DCA 1996), approved, 698 So.2d 254 (Fla.1997); § 77.06(1), Fla. Stat. (1997). The writ requires that the

Farm Credit v. Double H Dairy, Inc.

742 So. 2d 436, 1999 Fla. App. LEXIS 12386, 1999 WL 743547

District Court of Appeal of Florida | Filed: Sep 16, 1999 | Docket: 64791398

Published

that Farm Credit violated the requirements of section 77.06, Florida Statutes, by failing to retain the

Continental National Bank v. Tavormina (In re Masvidal)

10 F.3d 761, 1993 U.S. App. LEXIS 33977

Court of Appeals for the Eleventh Circuit | Filed: Dec 30, 1993 | Docket: 64015627

Published

service and the time of his answer. Fla.Stat. § 77.06(1) (1989). Because garnishment is a statutory proceeding

Greater Orlando Aviation Authority v. Federal Aviation Administration

939 F.2d 954

Court of Appeals for the Eleventh Circuit | Filed: Aug 23, 1991 | Docket: 66265451

Published

they would not be considered an obstruction under § 77.6 These negotiations were successful,7 but unfortunately

Waters v. Albanese

547 So. 2d 197, 14 Fla. L. Weekly 1420, 1989 Fla. App. LEXIS 3288, 1989 WL 62417

District Court of Appeal of Florida | Filed: Jun 14, 1989 | Docket: 64644149

Published

and the appellee. The garnishment statute, section 77.06, Florida Statutes, provides that a garnishee

Raymos v. Lanahan (In re Diesel Engineers, Inc.)

99 B.R. 1020, 1989 Bankr. LEXIS 774

United States Bankruptcy Court, M.D. Florida | Filed: May 19, 1989 | Docket: 65779791

Published

plaintiff in the amount of the January rent. Section 77.06(1), Florida Statutes, provides: Service of the

Dixie National Bank v. Chase

485 So. 2d 1353, 11 Fla. L. Weekly 765, 1986 Fla. App. LEXIS 7052

District Court of Appeal of Florida | Filed: Apr 1, 1986 | Docket: 64618380

Published

corrected by an amended answer. We hold that under Section 77.06(1), Florida Statutes (1983), the garnishee bank

First American Bank & Trust v. Georgacopoulos

472 So. 2d 818, 10 Fla. L. Weekly 1695, 1985 Fla. App. LEXIS 14968

District Court of Appeal of Florida | Filed: Jul 9, 1985 | Docket: 64613133

Published

garnishment, the garnishee bank was required by section 77.-06(2), Florida Statutes (1983), to retain any

Financial & Investment Planning, Inc. v. Lieberman

452 So. 2d 1022, 1984 Fla. App. LEXIS 14273

District Court of Appeal of Florida | Filed: Jul 3, 1984 | Docket: 64605910

Published

contention and reverse the order of garnishment. Section 77.06, Florida Statutes (1979), limits the liability

Ryder Truck Rental, Inc. v. Southeast First National Bank of Miami

427 So. 2d 302, 1983 Fla. App. LEXIS 18724

District Court of Appeal of Florida | Filed: Feb 22, 1983 | Docket: 64595273

Published

1, Laws of Fla. The provision, codified as Section 77.06(2), Florida Statutes (1979), requires a garnishee

International Travel Card, Inc. v. R. C. Hasler, Inc.

411 So. 2d 215, 1982 Fla. App. LEXIS 19150

District Court of Appeal of Florida | Filed: Feb 9, 1982 | Docket: 64588609

Published

debtor. The only notice requirement is set forth in § 77.06(2), which provides that where the garnishee is

Central Plaza Bank & Trust Co. v. Parker

300 So. 2d 735, 1974 Fla. App. LEXIS 8734

District Court of Appeal of Florida | Filed: Sep 30, 1974 | Docket: 64541381

Published

garnisheeing the wrong accounts since Florida Statutes, § 77.06(3) protects the bank from any such liability. Even