Florida Statute 77.07 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 77
GARNISHMENT

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F.S. 77.07

77.07 Dissolution of writ.—

(1) The defendant, by motion, may obtain the dissolution of a writ of garnishment, unless the petitioner proves the grounds upon which the writ was issued and unless, in the case of a prejudgment writ, there is a reasonable probability that the final judgment in the underlying action will be rendered in his or her favor. The court shall set down such motion for an immediate hearing. If the writ is dissolved, the action then shall proceed as if no writ had been issued.

(2) The defendant and any other person having an ownership interest in the property, as disclosed by the garnishee’s answer, 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 person of the plaintiff’s notice required by s. 77.055, stating that any allegation in plaintiff’s motion for writ is untrue. On such motion this issue shall be tried, and if the allegation in plaintiff’s motion which is denied is not proved to be true, the garnishment shall be dissolved. Failure of the defendant or other interested person to timely file and serve the motion to dissolve within such time limitation shall result in the striking of the motion as an unauthorized nullity by the court, and the proceedings shall be in a default posture as to the party involved.

(3) If the motion denies the debt demanded before judgment, the judge may require pleadings on motion of either party on the debt demanded to be filed in such time as he or she fixes.

(4) The issue, if any, raised by the pleadings shall be tried at the same time as the issue, if any, made by defendant’s motion to plaintiff’s motion.

(5) If the plaintiff fails to file a dismissal or motion for final judgment within 6 months after filing the writ of garnishment, the writ shall automatically be dissolved and the garnishee shall be discharged from further liability under the writ. The plaintiff has the right to extend the writ for an additional 6 months by serving the garnishee and the defendant a notice of extension and filing in the underlying proceeding a certification of such service.

History.—s. 1, ch. 7353, 1917; RGS 3454; CGL 5307; s. 27, ch. 67-254; s. 2, ch. 83-97; s. 3, ch. 85-272; s. 389, ch. 95-147; s. 16, ch. 2005-241.

F.S. 77.07 on Google Scholar

F.S. 77.07 on Casetext

Amendments to 77.07

Arrestable Offenses / Crimes under Fla. Stat. 77.07

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 77.07.

Annotations, Discussions, Cases:

Cases Citing Statute 77.07

Total Results: 20

DIANE BENDER v. JACK SHATZ

Court: District Court of Appeal of Florida | Date Filed: 2020-07-15

Snippet: interest in garnished property pursuant to section 77.07(2), Florida Statutes (2019), the burden of proof

Harborside Suites, LLC v. Rosen

Court: District Court of Appeal of Florida | Date Filed: 2018-11-21

Citation: 261 So. 3d 664

Snippet: in the creditor's petition for the writ, see § 77.07, Fla. Stat. (2001); or (2) on an affidavit of a

Harborside Suites, LLC v. Rosen

Court: District Court of Appeal of Florida | Date Filed: 2018-11-21

Citation: 261 So. 3d 664

Snippet: in the creditor's petition for the writ, see § 77.07, Fla. Stat. (2001); or (2) on an affidavit of a

Harborside Suites v. Rosen

Court: District Court of Appeal of Florida | Date Filed: 2018-11-21

Snippet: creditor's petition for the writ, see § 77.07, Fla. Stat. (2001); or (2) on an affidavit

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: motion to dissolve BDT’s writ pursuant to section 77.07(2) of the Florida Statutes (2017).6 In this motion

Martinez v. golisting.com

Court: District Court of Appeal of Florida | Date Filed: 2017-11-22

Snippet: extend the express terms of the version of section 77.07(5) in effect in 2012 because to do so would be to

E.N. v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2017-08-23

Citation: 224 So. 3d 900, 2017 WL 3614134, 2017 Fla. App. LEXIS 12006

Snippet: being returned to the child’s parent.” § 39.01(77). 7 Thus, substantial compliance means more

Kane v. Stewart Tilghman Fox & Bianchi, P.A.

Court: District Court of Appeal of Florida | Date Filed: 2016-07-27

Citation: 197 So. 3d 137, 2016 Fla. App. LEXIS 11413, 2016 WL 4016280

Snippet: judgment within 6 months, as required by section 77.07(5), Florida Statutes (2012). Akerman, 121 So.3d

Merriman Investments, LLC v. Ujowundu

Court: District Court of Appeal of Florida | Date Filed: 2013-10-30

Citation: 123 So. 3d 1191, 2013 WL 5813970, 2013 Fla. App. LEXIS 17216

Snippet: in the creditor’s petition for the writ, see § 77.07, Fla. Stat. (2001); or (2) on an affidavit of a

Akerman Senterfitt & Eidson, P.A. v. Value Seafood, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2013-09-04

Citation: 121 So. 3d 83, 2013 Fla. App. LEXIS 14154, 2013 WL 4734574

Snippet: Dissolution of Writ of Garnishment pursuant to section 77.07(5), Florida Statutes (2012), in which they alleged

Rivera v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-07-10

Citation: 117 So. 3d 449, 2013 WL 3455568, 2013 Fla. App. LEXIS 10943

Snippet: court revoked it and orally sentenced Rivera to 77.7 months in prison on the second-degree felony convictions

USAmeriBank v. Klepal

Court: District Court of Appeal of Florida | Date Filed: 2011-10-12

Citation: 100 So. 3d 56, 2011 WL 4809107, 2011 Fla. App. LEXIS 16156

Snippet: appropriate disposition would be to dissolve the writ. § 77.07, Fla. Stat. (2010); see Malowney v. Fed. Collection

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: combined interpretation of sections 77.041 and 77.07(2) of the garnishment statute, failing to comply

Betty v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-03-11

Citation: 7 So. 3d 586, 2009 Fla. App. LEXIS 1948, 2009 WL 605409

Snippet: error. [2] This subsection has been renumbered. § 77.7.04(4)(c), Fla. Stat. (2008).

In re Standard Jury Instructions in Criminal Cases-Report No. 2007-5

Court: Supreme Court of Florida | Date Filed: 2008-05-15

Citation: 982 So. 2d 1160, 33 Fla. L. Weekly Supp. 313, 2008 Fla. LEXIS 886, 2008 WL 2051068

Snippet: CATEGORY TWO FLA.-ST-AT, INS. NO, *1176None Attempt 77-7,04(1) 54 Trespas 810.08(2)(a) 13 3 ROBBERY WITH

Sosa v. Leggett & Platt, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2007-11-28

Citation: 969 So. 2d 540, 2007 Fla. App. LEXIS 18737, 2007 WL 4179717

Snippet: incorrectly filed the motion pursuant to section 77.07(2), Florida Statutes, it is clear from the substance

BNP PARIBAS v. Wynne

Court: District Court of Appeal of Florida | Date Filed: 2005-01-12

Citation: 944 So. 2d 1004, 2005 WL 53262

Snippet: writ may do so by motion. § 77.07(1), Fla. Stat.[3] Under section 77.07(2), Florida Statutes,[4] the

Windsor-Thomas Group, Inc. v. Parker

Court: District Court of Appeal of Florida | Date Filed: 2001-03-23

Citation: 782 So. 2d 478, 2001 WL 282804

Snippet: dissolution of the writ of garnishment. Section 77.07(1), Florida Statutes (1997), permits a defendant

Amendments to the Florida Rules of Civil Procedure

Court: Supreme Court of Florida | Date Filed: 2000-10-05

Citation: 773 So. 2d 1098, 2000 Fla. LEXIS 2312, 2000 WL 1472356

Snippet: an immediate hearing under sections 73.031 and 77.07, Florida Statutes, must be included in the writ

Johnson v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-09-08

Citation: 765 So. 2d 310, 2000 WL 1268774

Snippet: unconstitutional 1995 guidelines because his sentence of 77.7 months incarceration falls within the permitted