Florida Statute 77.81 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 77
GARNISHMENT

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F.S. 77.081

77.081 Default; judgment.—

(1) If the garnishee fails to answer as required, a default shall be entered against him or her.

(2) On the entry of judgment for plaintiff, a final judgment shall be entered against the garnishee for the amount of plaintiff’s claim with interest and costs. No final judgment against a garnishee shall be entered before the entry of, or in excess of, the final judgment against the original defendant with interest and costs. If the claim of the plaintiff is dismissed or judgment is entered against the plaintiff the default against garnishee shall be vacated and judgment for the garnishee’s costs entered.

History.—s. 11, ch. 43, 1845; RS 1681, 1682; GS 2146, 2147; RGS 3448, 3449; CGL 5301, 5302; s. 27, ch. 67-254; s. 390, ch. 95-147.

Note.—Former ss. 77.20, 77.21.

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Amendments to 77.081

Annotations, Discussions, Cases:

Cases Citing Statute 77.081

Total Results: 12

Pamela A. Loftin v. James K. Rush, United States of America, Garnishee-Appellee

767 F.2d 800, 1985 U.S. App. LEXIS 21119

Court of Appeals for the Eleventh Circuit | Filed: Aug 2, 1985 | Docket: 281913

Cited 48 times | Published

614, 459 P.2d 138, 140 (1969); Fla.Stat. Ann. § 77.081 (Supp.1985); § 6-6-457, Code of Alabama 1977,

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

a monetary judgment against the garnishee. See § 77.081(1)-(2), Fla. Stat. (2002). On the other hand,

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

writ of garnishment. [7] Both the Note to section 77.081 of the Florida Statutes, and the annotation

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

799-800. BellSouth had argued that on default section 77.081(2), Florida Statutes (1995),[2] creates a penalty

Hauser v. Dr. Chatelier's Plant Food Co., Inc.

350 So. 2d 548

District Court of Appeal of Florida | Filed: Oct 5, 1977 | Docket: 1757823

Cited 5 times | Published

the judgment against Hauser on the basis of Section 77.081, Florida Statutes, which provides: Default;

Sentry Indem. Co. v. Hendricks Enterprises

371 So. 2d 1105, 1979 Fla. App. LEXIS 14913

District Court of Appeal of Florida | Filed: Jun 20, 1979 | Docket: 1786398

Cited 3 times | Published

plaintiff's claim" as that term is used in Section 77.081, Florida Statutes (1977) and the trial court

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

Matheny & Eagan, P.A., 982 So.2d at 632 (citing § 77.081). This potential liability that may attach to

TASO GROUP, LLC v. ALAN GOULD

District Court of Appeal of Florida | Filed: Feb 15, 2023 | Docket: 66814447

Published

4 amount is $2,475,271.21. Moreover, unlike section 77.081, Florida Statutes (2022) which provides for

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

answer the writ of garnishment pursuant to section 77.081, Florida Statutes. Thereafter, Frank moved

Henning v. Shafer

465 So. 2d 629, 10 Fla. L. Weekly 768, 1985 Fla. App. LEXIS 13055

District Court of Appeal of Florida | Filed: Mar 20, 1985 | Docket: 64610711

Published

garnishor to recover $429.94 from the garnishee. Section 77.081, Florida Statutes *630(1983), refers to a default

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

may be awarded if the garnishee fails to answer. § 77.081. Nowhere is any provision made for service of

Shannon v. Great Southern Equipment Co.

326 So. 2d 19, 1976 Fla. App. LEXIS 14223

District Court of Appeal of Florida | Filed: Jan 16, 1976 | Docket: 64552179

Published

judgment against Shannon is void. First of all, § 77.081, F.S.1973, provides that: “No final judgment against