77.081
Default; judgment.
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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.
Notes of Decisions
Cited in 16
cases (4 in the last 5 years), 1976–2023 · leading case: SEC. Bank v. Bellsouth Adv. & Pub. Corp.
SEC. Bank v. Bellsouth Adv. & Pub. Corp. (1996)
“§ 77.081 (Note), Fla.Stat. (1993); 6 Fla.”
Bellsouth Advertising v. SEC. Bank (1997)
“[2] Section 77.081, Florida Statutes (1995), provides: (1) If the garnishee fails to answer as required, a default shall be entered against him or her.”
Arnold, Matheny, Pa v. First Am. Holdings (2008)
“See § 77.081(1)-(2), Fla. Stat. (2002). On the other hand, the Legislature, in recognizing the risk of liability for a garnishee, has provided immunity for any garnishee acting in good faith.”
Hauser v. Dr. Chatelier's Plant Food Co., Inc. (1977)
“*550 Appellee attempts to sustain the judgment against Hauser on the basis of Section 77.081, Florida Statutes, which provides: Default; judgment (1) If the garnishee fails to answer as required, a default shall be entered against him.”
Pamela A. Loftin v. James K. Rush, United States of America, Garnishee-Appellee (1985)
“2d 138, 140 (1969); Fla.Stat. Ann. § 77.081 (Supp.1985); § 6-6-457, Code of Alabama 1977, compare Ware v.”
Sentry Indem. Co. v. Hendricks Enterprises (1979)
“00 was "the amount of the plaintiff's claim" as that term is used in Section 77.081, Florida Statutes (1977) and the trial court erred in entering final judgment in excess of that amount plus interest and costs.”
Daniels v. Sorriso Dental Studio, LLC (2015)
“With this statutory background in mind, it is apparent that while the discharge of Demilly’s debt eliminated her liability to Daniels, that discharge did not and could not eliminate the independent liability that Sorriso could have to Daniels under the writ of garnishment.”
Rudd v. First Union National Bank (2000)
“Frank moved for default claiming that he was entitled to a default since First Union, as garnishee, failed to answer the writ of garnishment pursuant to section 77.081, Florida Statutes. Thereafter, Frank moved to vacate the Order on Defendant’s Motion to Dissolve and Set Aside…”
International Travel Card, Inc. v. R. C. Hasler, Inc. (1982)
“§ 77.081. Nowhere is any provision made for service of the writ on the judgment debtor.”
Shannon v. Great Southern Equipment Co. (1976)
“First of all, § 77.081, F.S.1973, provides that: “No final judgment against [the] garnishee shall be entered before the entry of, or in excess of, the final judgment against the original defendant with interest and costs.”
Henning v. Shafer (1985)
“Section 77.081, Florida Statutes *630 (1983), refers to a default judgment against a garnishee as a final judgment.”
Millennium Funding, Inc. v. 1701 Management, LLC. (2023)
“Florida Statute § 77.081 provides that where a “garnishee fails to answer as required, a default shall be entered against him or her.”
— 77.081(1) — 4 cases
Arnold, Matheny, Pa v. First Am. Holdings (2008)
“See § 77.081(1)-(2), Fla. Stat. (2002). On the other hand, the Legislature, in recognizing the risk of liability for a garnishee, has provided immunity for any garnishee acting in good faith.”
Cardinale v. Wang (2023)
Millennium Funding, Inc. v. 1701 Management, LLC. (2023)
“Florida Statute § 77.081 provides that where a “garnishee fails to answer as required, a default shall be entered against him or her.”
William Joseph Namen, II (2023)
— 77.081(2) — 3 cases
SEC. Bank v. Bellsouth Adv. & Pub. Corp. (1996)
“§ 77.081 (Note), Fla.Stat. (1993); 6 Fla.”
Bellsouth Advertising v. SEC. Bank (1997)
“[2] Section 77.081, Florida Statutes (1995), provides: (1) If the garnishee fails to answer as required, a default shall be entered against him or her.”
Millennium Funding, Inc. v. 1701 Management, LLC. (2023)
“Florida Statute § 77.081 provides that where a “garnishee fails to answer as required, a default shall be entered against him or her.”
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