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Florida Statute 77.16 | Lawyer Caselaw & Research
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The 2024 Florida Statutes (including 2025 Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 77
GARNISHMENT
View Entire Chapter
F.S. 77.16
77.16 Claims by third persons to garnisheed property.
(1) If any person other than defendant claims that the debt due by a garnishee is due to that person and not to defendant, or that the property in the hands or possession of any garnishee is that person’s property and shall make an affidavit to the effect, the court shall impanel a jury to determine the right of property between the claimant and plaintiff unless a jury is waived.
(2) If the verdict is against the claimant, plaintiff shall recover costs. If the verdict is in favor of the claimant, the claimant shall recover costs against plaintiff.
(3) If the claim is interposed after a levy on property, the officer making the levy shall return the execution with the officer’s levy thereon and the affidavit of the claimant to the court from which execution issued, and the proceedings shall be as in other cases of claims made to property taken on execution.
History.s. 8, ch. 43, 1845; RS 1679; GS 2143; RGS 3445; CGL 5298; s. 27, ch. 67-254; s. 395, ch. 95-147.

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Amendments to 77.16


Arrestable Offenses / Crimes under Fla. Stat. 77.16
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 77.16.



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