77.061
Reply.
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77.061 Reply.—When any garnishee answers and plaintiff is not satisfied with the answer, he or she shall serve a reply within 20 days thereafter denying the allegations of the answer as he or she desires. On failure of plaintiff to file a reply, the answer shall be taken as true and on proper disposition of the assets, if any are disclosed thereby, the garnishee is entitled to an order discharging him or her from further liability under the writ.
History.—s. 27, ch. 67-254; s. 388, ch. 95-147.
Notes of Decisions
Cited in 11
cases (5 in the last 5 years), 1975–2025 · leading case: Fla. Psc v. Pruitt, Humphress
Fla. Psc v. Pruitt, Humphress (1991)
“§ 77.061, Fla. Stat. (1989). Pursuant to sections 77.”
Reeves v. Don L. Tullis & Associates (1975)
“F.S. § 77.061 provides for a reply by the plaintiff (formerly known as a traverse and so designated sub judice) by which plaintiff may, if not satisfied with the garnishee's answer, place in issue any allegations of the answer as plaintiff may desire.”
Robert C. Malt & Co. v. Colvin (1982)
“A judgment creditor who is not satisfied with the garnishee's answer may serve a reply denying the allegations of the answer (Section 77.061) and demanding a jury trial on the issues made (Section 77.”
Pressner v. Pressner (1991)
“Section 77.061, Florida Statutes (1989) provides as follows: “On failure of plaintiff to file a reply, the answer shall be taken as true.”
Michael Grecco Productions, Inc. v. Soffersapp, LLC (2021)
“Fla. Stat. § 77.061 (emphasis added). In its Answer, WOW Marketing asserts that: 2.”
Cadle Co. v. G & G Associates (1999)
“Pursuant to section 77.061, Florida Statutes (1997), Cadle served a reply stating that Comerica’s amended answer failed to provide sufficient information to determine whether the accounts in question were subject to garnishment and that discovery was required to establish the…”
Birmingham v. Rofx.net (2024)
“Fla. Stat. § 77.061 . “Judgment against the garnishee on the garnishee's answer or after trial of a reply to the garnishee's answer shall be entered for the amount of his or her liability as disclosed by the answer or trial.”
Navy Federal Credit Union v. Veros Credit, LLC and Jonathan D. Arroyo (2024)
“Compare § 77.061, Fla. Stat. (2021) (“When any garnishee answers and plaintiff is not satisfied with the answer, he or she shall serve a reply within 20 days thereafter denying the allegations of the answer as he or she desires.”
Navy Federal Credit Union v. Camden Summit Partnership, L.P. (2025)
“Appellee filed an affidavit opposing debtor’s claim of exemption and an “objection” to appellant’s answer pursuant to section 77.061, Florida Statutes (2023). Appellee’s objection argued appellant’s assertion that debtor did not have garnishable assets in Florida was false and…”
Navy Federal Credit Union v. Nicholas Financial, Inc., and Crawford (2025)
“See § 77.061, Fla. Stat. (2023); First Colony Life Ins.”
Cortez Community Bank v. Cobb (2011)
“The Bank argues that the trial court erred in denying the Bank’s motion for discharge because Cobb did not timely serve a reply to the Bank’s answer pursuant to section 77.061. 2 We reject this argument and find the trial court acted within its discretion in accepting Cobb’s…”
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