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Florida Statute 77.081 | Lawyer Caselaw & Research
F.S. 77.081 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 77.081

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 77
GARNISHMENT
View Entire Chapter
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.

F.S. 77.081 on Google Scholar

F.S. 77.081 on Casetext

Amendments to 77.081


Arrestable Offenses / Crimes under Fla. Stat. 77.081
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 77.081.



Annotations, Discussions, Cases:

Cases from cite.case.law:

DANIELS, v. SORRISO DENTAL STUDIO, LLC,, 164 So. 3d 778 (Fla. Dist. Ct. App. 2015)

. . . Arnold, Matheny & Eagan, P.A., 982 So.2d at 632 (citing § 77.081). . . .

ARNOLD, MATHENY AND EAGAN, P. A. v. FIRST AMERICAN HOLDINGS, INC., 982 So. 2d 628 (Fla. 2008)

. . . See § 77.081(l)-(2), Fla. Stat. (2002). . . .

M. RUDD, v. FIRST UNION NATIONAL BANK OF FLORIDA, FL,, 761 So. 2d 1189 (Fla. Dist. Ct. App. 2000)

. . . default since First Union, as garnishee, failed to answer the writ of garnishment pursuant to section 77.081 . . .

ADVERTISING PUBLISHING CORP. v. SECURITY BANK, N. A., 698 So. 2d 254 (Fla. 1997)

. . . Bell-South had argued that on default section 77.081(2), Florida Statutes (1995), creates a penalty so . . . However, the district court found section 77.081(2) only applicable to prejudgment garnishment and further . . . conflict with International Travel Card, Sentry Indemnity, and Hauser on the issue of whether section 77.081 . . . Accordingly, we find that section 77.081(2) applies only to a prejudgment writ of garnishment and that . . . Section 77.081, Florida Statutes (1995), provides: (1) If the garnishee fails to answer as required, . . . Rush, 767 F.2d 800, 808 (11th Cir.1985) (citing section 77.081 as an example of a statute that renders . . . Hendricks Enters., 371 So.2d 1105 (Fla. 4th DCA 1979) (applying section 77.081 to post-judgment garnishment . . . I respectfully submit that the legislature should review section 77.081 and clarify whether this default . . .

SECURITY BANK, N. A. v. BELLSOUTH ADVERTISING PUBLISHING CORPORATION,, 679 So. 2d 795 (Fla. Dist. Ct. App. 1996)

. . . This result is consistent with the rationale of section 77.081 which makes the defaulting garnishee liable . . . True, it is nowhere explicitly stated that section 77.081, which was part of the formerly separate prejudgment . . . agree with the cited holdings of the First, Second, and Fourth District Courts of Appeal that section 77.081 . . . The garnishee's refusal to answer compels the conclusion under subsection 77.081(2) that the garnishee . . . In the case of prejudgment garnishment, the legislature, with section 77.081, had enacted a provision . . . BellSouth argues, however, that the judgment is authorized by subsection 77.081(2) of the garnishment . . . What, then, is the purpose of subsection 77.081(2)? . . . By its plain words, subsection 77.081(2) applies only to a prejudgment writ of garnishment. . . . Subsection 77.081(2) supplies the answer. . . . (1965). § 77.081 (Note), Fla.Stat. (1993); 6 Fla.Stat.Ann. 194 (1987). . . .

In RETTEMNIER, 113 B.R. 757 (Bankr. S.D. Fla. 1990)

. . . Sec. 77.081 (1987). . . .

A. LOFTIN, v. K. RUSH,, 767 F.2d 800 (11th Cir. 1985)

. . . . § 77.081 (Supp.1985); § 6-6-457, Code of Alabama 1977, compare Ware v. . . .

A. HENNING, v. T. SHAFER, Jr., 465 So. 2d 629 (Fla. Dist. Ct. App. 1985)

. . . Section 77.081, Florida Statutes (1983), refers to a default judgment against a garnishee as a final . . .

INTERNATIONAL TRAVEL CARD, INC. a v. R. C. HASLER, INC. a, 411 So. 2d 215 (Fla. Dist. Ct. App. 1982)

. . . . § 77.081. Nowhere is any provision made for service of the writ on the judgment debtor. . . .

SENTRY INDEMNITY COMPANY, v. HENDRICKS ENTERPRISES,, 371 So. 2d 1105 (Fla. Dist. Ct. App. 1979)

. . . circumstances we hold that $1,800.00 was “the amount of the plaintiff’s claim” as that term is used in Section 77.081 . . .

ITT COMMUNITY DEVELOPMENT CORPORATION, a v. BARTON, a k a A. R. R. P. A., 569 F.2d 1351 (5th Cir. 1978)

. . . Section 77.081(1) provided that “[i]f the garnishee fails to answer as required, a default shall be entered . . . Fla.Stat.Ann. § 77.081(2) (West Supp.1977) provided that “[n]o final judgment against a garnishee shall . . .

HAUSER, v. DR. CHATELIER S PLANT FOOD COMPANY, INC., 350 So. 2d 548 (Fla. Dist. Ct. App. 1977)

. . . Appellee attempts to sustain the judgment against Hauser on the basis of Section 77.081, Florida Statutes . . . We think that Section 77.081 and Rule 1.500(e) do not conflict but rather must be read in pari materia . . .

SHANNON, v. GREAT SOUTHERN EQUIPMENT COMPANY,, 326 So. 2d 19 (Fla. Dist. Ct. App. 1976)

. . . First of all, § 77.081, F.S.1973, provides that: “No final judgment against [the] garnishee shall be . . .