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Fla. Stat. § 77.081 (2025)

Default; judgment.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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., 679 So. 2d 795 (Fla. 3d DCA 1996).
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SEC. Bank v. Bellsouth Adv. & Pub. Corp., 679 So. 2d 795 (Fla. 3d DCA 1996). · cites it 20× “§ 77.081 (Note), Fla.Stat. (1993); 6 Fla.”
Bellsouth Advert. v. SEC. Bank, 698 So. 2d 254 (Fla. 1997). · cites it 10× “[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, 982 So. 2d 628 (Fla. 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., 350 So. 2d 548 (Fla. 2d DCA 1977). · cites it 3× “*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 Am., Garnishee-Appellee, 767 F.2d 800 (11th Cir. 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 Enter., 371 So. 2d 1105 (Fla. 4th DCA 1979). · cites it 2× “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, 164 So. 3d 778 (Fla. 2d DCA 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 Nat'l Bank, 761 So. 2d 1189 (Fla. 4th DCA 2000). · cites it 2× “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…”
Int'l Travel Card, Inc. v. R. C. Hasler, Inc., 411 So. 2d 215 (Fla. 1st DCA 1982). “§ 77.081. Nowhere is any provision made for service of the writ on the judgment debtor.”
Shannon v. Great S. Equip. Co., 326 So. 2d 19 (Fla. 2d DCA 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, 465 So. 2d 629 (Fla. 2d DCA 1985). · cites it 2× “Section 77.081, Florida Statutes *630 (1983), refers to a default judgment against a garnishee as a final judgment.”
Millennium Funding, Inc. v. 1701 Mgmt., LLC. (S.D. Fla. 2023). · cites it 4× “Florida Statute § 77.081 provides that where a “garnishee fails to answer as required, a default shall be entered against him or her.”
Show all 16 citing cases →
— 77.081(1) — 4 cases
Arnold, Matheny, Pa v. First Am. Holdings, 982 So. 2d 628 (Fla. 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 (M.D. Fla. 2023).
Millennium Funding, Inc. v. 1701 Mgmt., LLC. (S.D. Fla. 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 (Bankr. M.D. Fla. 2023).
— 77.081(2) — 3 cases
SEC. Bank v. Bellsouth Adv. & Pub. Corp., 679 So. 2d 795 (Fla. 3d DCA 1996). “§ 77.081 (Note), Fla.Stat. (1993); 6 Fla.”
Bellsouth Advert. v. SEC. Bank, 698 So. 2d 254 (Fla. 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 Mgmt., LLC. (S.D. Fla. 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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