Florida Statutes
Fla. Stat. § 77.13 (2025)
Execution on garnishee’s refusal to surrender property.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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77.13 Execution on garnishee’s refusal to surrender property.—If garnishee will not surrender the personal property belonging to defendant, provided he or she has the power to do so, and which garnishee has admitted is in his or her possession, the court may order execution issued against garnishee for the unpaid amount of plaintiff’s judgment against defendant. The officer shall sell garnishee’s property as under other executions. Garnishee may release his or her property from the levy and sale by surrendering the property of defendant to the officer levying the execution at the time appointed for the sale of garnishee’s property so levied on, or at any time before the day of the sale and by paying the costs of the proceedings to sell up to the time of the surrender.
History.—s. 5, ch. 43, 1845; RS 1675; GS 2139; RGS 3441; CGL 5294; s. 27, ch. 67-254; s. 393, ch. 95-147.
Notes of Decisions
Cited in 1
case, 1993–1993 · leading case: Cont'l Nat'l Bank v. Tavormina (In re Masvidal), 10 F.3d 761 (11th Cir. 1993).
Cont'l Nat'l Bank v. Tavormina (In re Masvidal), 10 F.3d 761 (11th Cir. 1993). “Fla. Stat. § 77.13 . The existence of these two remedies, the ability to execute on the garnished property and the availability of a personal judgment against the garnishee itself suggests that the Florida legislature intended that the writ of garnishment itself creates no lien.”
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