Florida Statute 77.06 | Lawyer Caselaw & Research

The 2024 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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Amendments to 77.06

Arrestable Offenses / Crimes under Fla. Stat. 77.06

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 77.06.

Annotations, Discussions, Cases:

Cases Citing Statute 77.06

Total Results: 20

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

Court: District Court of Appeal of Florida | Date Filed: 2022-08-17

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

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

Court: District Court of Appeal of Florida | Date Filed: 2018-04-18

Citation: 245 So. 3d 909

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

Salcedo v. Wells Fargo Bank, N.A.

Court: District Court of Appeal of Florida | Date Filed: 2017-06-21

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

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

Daniels v. Sorriso Dental Studio, LLC

Court: District Court of Appeal of Florida | Date Filed: 2015-05-27

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 2014-10-08

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

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

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.

Court: District Court of Appeal of Florida | Date Filed: 2014-10-08

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

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

Court: District Court of Appeal of Florida | Date Filed: 2012-12-19

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

Snippet: accordance with Chapter 77, and primarily Section 77.06(2) and (3), Florida Statutes. Appellee filed a reply

Cortez Community Bank v. Cobb

Court: District Court of Appeal of Florida | Date Filed: 2011-03-02

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

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

Zivitz v. Zivitz

Court: District Court of Appeal of Florida | Date Filed: 2009-05-22

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

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

Arnold, Matheny, Pa v. First Am. Holdings

Court: Supreme Court of Florida | Date Filed: 2008-05-01

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

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

FIRST AMERICAN HOLDINGS v. Preclude, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2007-05-11

Citation: 955 So. 2d 1231, 2007 WL 1373759

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

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

Court: District Court of Appeal of Florida | Date Filed: 2004-06-09

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

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

Rudd v. First Union National Bank

Court: District Court of Appeal of Florida | Date Filed: 2000-06-28

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

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

Michael Acri Boxing Promotions, Inc. v. Miles

Court: District Court of Appeal of Florida | Date Filed: 2000-03-08

Citation: 758 So. 2d 704, 2000 WL 257144

Snippet: for appellee. PER CURIAM. Affirmed. See §§ 77.01, 77.06, Fla. Stat. (1997); see also In re Estate of Woodruff

Farm Credit v. Double H Dairy, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1999-09-16

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

Snippet: Farm Credit violated the requirements of section 77.06, Florida Statutes, by failing to retain the funds

Ago

Court: Florida Attorney General Reports | Date Filed: 1997-11-19

Snippet: with knowledge of prior existing laws). 7 See, s. 77.06(1), Fla. Stat. 8 See, Alsop v. Pierce, 19 So.2d

Bellsouth Advertising v. SEC. Bank

Court: Supreme Court of Florida | Date Filed: 1997-08-21

Citation: 698 So. 2d 254, 1997 WL 476112

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

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

Court: District Court of Appeal of Florida | Date Filed: 1996-07-24

Citation: 679 So. 2d 795, 1996 WL 410683

Snippet: by the garnishee Bank. § 77.06(1) Fla.Stat. (1993). The statute states: 77.06 Writ; effect. (1) Service

Fla. Psc v. Pruitt, Humphress

Court: District Court of Appeal of Florida | Date Filed: 1991-10-04

Citation: 587 So. 2d 561, 1991 WL 199928

Snippet: Stat. (1989). Pursuant to sections 77.055 and 77.06, Florida Statutes (1989), the advertising agency

Waters v. Albanese

Court: District Court of Appeal of Florida | Date Filed: 1989-06-14

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

Snippet: the appellee. The garnishment statute, section 77.06, Florida Statutes, provides that a garnishee is