Florida Statute 77.16 - Full Text and Legal Analysis

The 2025 Florida Statutes

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.

F.S. 77.16 on Google Scholar

F.S. 77.16 on CourtListener

Amendments to 77.16

Annotations, Discussions, Cases:

Cases Citing Statute 77.16

Total Results: 36

Ginsberg v. Goldstein

404 So. 2d 1098

District Court of Appeal of Florida | Filed: Oct 6, 1981 | Docket: 1783007

Cited 13 times | Published

effect in the garnishment proceeding pursuant to Section 77.16(1), Florida Statutes (1979). The basis of their

Monroe County Housing Corp. v. Cafco Engineers, Inc. (In Re Monroe County Housing Corp.)

29 B.R. 686, 36 U.C.C. Rep. Serv. (West) 1734, 1983 Bankr. LEXIS 6265

United States Bankruptcy Court, S.D. Florida. | Filed: May 6, 1983 | Docket: 1485297

Cited 8 times | Published

Florida. Subsequently, in compliance with Section 77.16(1) of the Florida Statutes, Ohio Casualty filed

Fine v. Fine

400 So. 2d 1254

District Court of Appeal of Florida | Filed: Jun 17, 1981 | Docket: 1677181

Cited 8 times | Published

becoming a party to the garnishment action under § 77.16, Florida Statutes (1979). Since we have determined

Oper v. Air Control Products, Inc. of Miami

174 So. 2d 561, 1965 Fla. App. LEXIS 4096

District Court of Appeal of Florida | Filed: Apr 27, 1965 | Docket: 1714351

Cited 7 times | Published

injury action. Pursuant to the authority found in § 77.16, Fla. Stat., F.S.A., the appellant along with others

Regions Bank v. Hyman

91 F. Supp. 3d 1234, 2015 U.S. Dist. LEXIS 28654, 2015 WL 1033915

District Court, M.D. Florida | Filed: Mar 7, 2015 | Docket: 64300911

Cited 6 times | Published

in accord with their statutory obligation. F.S. § 77.16. Plaintiff Regions argues that the R & R disregards

Antuna v. Dawson

459 So. 2d 1114

District Court of Appeal of Florida | Filed: Nov 14, 1984 | Docket: 1683227

Cited 6 times | Published

determine the validity and extent of his interest. § 77.16, Fla. Stat. (1983). Such a procedure appears to

Gigliotti Contracting North, Inc. v. TRAFFIC CONTROL PRO. OF NORTH FLORIDA, INC.

788 So. 2d 1013

District Court of Appeal of Florida | Filed: Mar 7, 2001 | Docket: 1685102

Cited 4 times | Published

with no greater rights to the money than SCI. Section 77.16, Florida Statutes (1997), provides that a claimant

Branch Banking & Trust Co. v. ARK Development/Oceanview, LLC

150 So. 3d 817, 2014 Fla. App. LEXIS 15633, 2014 WL 4988471

District Court of Appeal of Florida | Filed: Oct 8, 2014 | Docket: 60244323

Cited 3 times | Published

as a beneficiary of the account. Pursuant to section 77.16, Florida Statutes (2013), Amy filed an affidavit

Harborside Suites, LLC v. Rosen

261 So. 3d 664

District Court of Appeal of Florida | Filed: Nov 21, 2018 | Docket: 64700816

Cited 1 times | Published

belongs to the third party and not the debtor. See § 77.16, Fla. Stat. (2001). Either method requires a trial

Villamorey, S.A. v. Bdt Investments, Inc.

245 So. 3d 909

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366301

Cited 1 times | Published

the Villamorey account at Bank pursuant to section 77.16(1) of the Florida Statutes (2017),9 it is merely

Salcedo v. Wells Fargo Bank, N.A.

223 So. 3d 1099, 2017 WL 2664683, 2017 Fla. App. LEXIS 8954

District Court of Appeal of Florida | Filed: Jun 21, 2017 | Docket: 6078070

Cited 1 times | Published

property held by Wells Fargo as garnishee, section 77.16 would have required them to provide an affidavit

Smart v. City of Miami Beach

51 F. Supp. 3d 1299, 2014 U.S. Dist. LEXIS 146285, 2014 WL 5040304

District Court, S.D. Florida | Filed: Oct 8, 2014 | Docket: 64297646

Cited 1 times | Published

petition for the dissolution of the writ, Fla. Stat. § 77.16 permits him to file an affidavit claiming ownership

Carbon Capital II v. Estate of Tutt

107 So. 3d 1239, 2013 WL 692820, 2013 Fla. App. LEXIS 3054

District Court of Appeal of Florida | Filed: Feb 27, 2013 | Docket: 60228616

Cited 1 times | Published

deposition, and filing an affidavit, pursuant to section 77.16(1), Florida Statutes (2009), claiming an interest

Green v. Department of Revenue Ex Rel. Williams

78 So. 3d 555, 2011 Fla. App. LEXIS 4664, 2011 WL 1195879

District Court of Appeal of Florida | Filed: Apr 1, 2011 | Docket: 1432687

Cited 1 times | Published

DOR posits that Green Sr.'s remedy lies in Section 77.16, Florida Statutes; however, because Green Sr

Charlotte Development Partners, LLC v. Tricom Pictures & Productions, Inc.

33 So. 3d 690, 71 U.C.C. Rep. Serv. 2d (West) 182, 2009 Fla. App. LEXIS 18426, 2009 WL 4282939

District Court of Appeal of Florida | Filed: Dec 2, 2009 | Docket: 1648901

Cited 1 times | Published

"[c]laims by third persons to garnished property." See § 77.16, Fla. Stat. (2008). The court granted the motion

Milliken & Co. v. HAIMA GROUP CORP.

654 F. Supp. 2d 1374, 2009 U.S. Dist. LEXIS 72855, 2009 WL 2567025

District Court, S.D. Florida | Filed: Aug 18, 2009 | Docket: 2381430

Cited 1 times | Published

and (3) Fla. Stat. § 77.07(2) and Fla. Stat. § 77.16(1) prohibit the garnishment of personal property

RPS, Inc. v. Travel Max International, Inc.

823 So. 2d 243, 2002 Fla. App. LEXIS 11281, 2002 WL 1798575

District Court of Appeal of Florida | Filed: Aug 7, 2002 | Docket: 64816802

Cited 1 times | Published

ownership of the property sought to be garnished. See § 77.16(1), Fla. Stat. (2001) (“If any person other than

PHYSICIANS CARE CENTERS OF FLORIDA, LLC v. PNC NATIONAL ASSOCIATION

District Court of Appeal of Florida | Filed: Aug 17, 2022 | Docket: 64898835

Published

Physicians Care filed an affidavit under section 77.16, Florida Statutes, claiming ownership of the

DIANE BENDER v. JACK SHATZ

District Court of Appeal of Florida | Filed: Jul 15, 2020 | Docket: 17350910

Published

against Bender’s husband in a certain amount. Section 77.16 expressly applies to “[c]laims by third persons

Harborside Suites, LLC v. Rosen

261 So. 3d 664

District Court of Appeal of Florida | Filed: Nov 21, 2018 | Docket: 64700817

Published

belongs to the third party and not the debtor. See § 77.16, Fla. Stat. (2001). Either method requires a trial

Harborside Suites v. Rosen

District Court of Appeal of Florida | Filed: Nov 21, 2018 | Docket: 8221186

Published

third party and not the debtor. See § 77.16, Fla. Stat. (2001). Either method requires a trial

Branch Banking And Trust Company v. ARK Development/Oceanview, LLC, etc., Joseph Kodsi, etc., SKD Acquisition Corp., etc., LAE NYY, LLC, etc., Stone Profiles (I), LLC, etc., Smith & Sons Construction of Florida, LLC, etc., and Michael Wall Plumbing Services, Inc., etc.

District Court of Appeal of Florida | Filed: Oct 8, 2014 | Docket: 1432484

Published

beneficiary of the account. Pursuant to section 77.16, Florida Statutes (2013), Amy filed an affidavit

Merriman Investments, LLC v. Ujowundu

123 So. 3d 1191, 2013 WL 5813970, 2013 Fla. App. LEXIS 17216

District Court of Appeal of Florida | Filed: Oct 30, 2013 | Docket: 60234899

Published

belongs to the third party and not the debt- or. See § 77.16, Fla. Stat. (2001). Either method requires a trial

Sosa v. Leggett & Platt, Inc.

969 So. 2d 540, 2007 Fla. App. LEXIS 18737, 2007 WL 4179717

District Court of Appeal of Florida | Filed: Nov 28, 2007 | Docket: 64853148

Published

Sosa was attempting to assert a claim under section 77.16, Florida Statutes. “It is too well settled to

Farm Credit v. Double H Dairy, Inc.

742 So. 2d 436, 1999 Fla. App. LEXIS 12386, 1999 WL 743547

District Court of Appeal of Florida | Filed: Sep 16, 1999 | Docket: 64791398

Published

consolidate on January 8, 1997 pursuant to section 77.16, Florida Statutes, in which he gave notice to

Navon, Kopelman & O'Donnell, P.A. v. Synnex Information Technologies, Inc.

720 So. 2d 1167, 1998 Fla. App. LEXIS 15009, 1998 WL 821787

District Court of Appeal of Florida | Filed: Nov 25, 1998 | Docket: 64784395

Published

filing an affidavit under the provisions of section 77.16. Petitioner contends that even though its identity

Navon, Kopelman & O'Donnell, P.A. v. Innovation Computers & Cameras, Inc.

703 So. 2d 521, 1997 Fla. App. LEXIS 14364, 1998 WL 25698

District Court of Appeal of Florida | Filed: Dec 24, 1997 | Docket: 64777628

Published

substitute plaintiff and the intervenor/garnishor. See § 77.16, Fla. Stat. (1995); Antuna v. Dawson, 459 So.2d

London v. Wiles

695 So. 2d 876, 35 U.C.C. Rep. Serv. 2d (West) 1017, 1997 Fla. App. LEXIS 6944

District Court of Appeal of Florida | Filed: Jun 20, 1997 | Docket: 64774348

Published

neither party discussed the ramifications of section 77.16, Florida Statutes (1995). That section provides

Gass v. Friedman (In re Martec Corp.)

168 B.R. 427

District Court, S.D. Florida | Filed: Jun 2, 1994 | Docket: 65214221

Published

proceedings in Florida. The dispositive provision is § 77.16(1), which provides that: (1) If any person other

Kearney v. Unibay Co.

466 So. 2d 271, 10 Fla. L. Weekly 392, 1985 Fla. App. LEXIS 12403

District Court of Appeal of Florida | Filed: Feb 13, 1985 | Docket: 64610933

Published

pending garnishment proceedings pursuant to Section 77.16(3), Florida Statutes (1983).2 Appellant contends

Besco Equipment Co. v. Golden Loaf Bakery, Inc.

458 So. 2d 330, 9 Fla. L. Weekly 2131, 1984 Fla. App. LEXIS 15327

District Court of Appeal of Florida | Filed: Oct 4, 1984 | Docket: 64607804

Published

intervenor in a garnishment proceeding pursuant to section 77.16, Florida Statutes (1983), is seeking affirmative

Hemmerle Industries, Inc. v. Walter Kassuba Realty Corp. (In re Kassuba)

16 B.R. 699, 1982 Bankr. LEXIS 5079

United States Bankruptcy Court, S.D. Florida. | Filed: Jan 12, 1982 | Docket: 65778051

Published

local law. B.R. 769. The applicable state statute, § 77.16, Florida Statutes, provides that if a third party

Live Supply, Inc. v. C & S Plumbing, Inc.

402 So. 2d 505, 1981 Fla. App. LEXIS 20743

District Court of Appeal of Florida | Filed: Aug 12, 1981 | Docket: 64584655

Published

prejudgment garnishments. Appellant contends that Section 77.16(1), Florida Statutes (1979) requires of C &

B & H Sales, Inc. v. Jewel Builders, Inc.

353 So. 2d 653, 1977 Fla. App. LEXIS 16983

District Court of Appeal of Florida | Filed: Dec 28, 1977 | Docket: 64562043

Published

Insurance Company, filed a claim pursuant to Section 77.16 of the Florida Statutes, alleging that it had

Pierce v. Riverside Bank of Jacksonville

203 So. 2d 177, 1967 Fla. App. LEXIS 4416

District Court of Appeal of Florida | Filed: Oct 17, 1967 | Docket: 64502614

Published

in the garnishment action filed pursuant to Section 77.16, Florida Statutes, F.S.A., since that action

Tortuga Marine Salvage Co. v. Hartford Accident & Indemnity Co.

171 So. 2d 54

District Court of Appeal of Florida | Filed: Jan 26, 1965 | Docket: 64491824

Published

and, in Florida, such trial may be had by jury. § 77.16, Fla.Stat., F.S.A. However, this does not vitiate