Florida Statute 77.16 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 77
GARNISHMENT

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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 Casetext

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.

Annotations, Discussions, Cases:

Cases Citing Statute 77.16

Total Results: 20

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

Court: Fla. Dist. Ct. App. | Date Filed: 2022-08-17T00:53:00-07:00

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

DIANE BENDER v. JACK SHATZ

Court: Fla. Dist. Ct. App. | Date Filed: 2020-07-15T00:53:00-07:00

Snippet: Bender’s husband in a certain amount. Section 77.16 expressly applies to “[c]laims by third persons …shall recover costs against plaintiff. Section 77.16 thus frames the proceeding as one between the third…2d 1278, 1279 (Fla. 4th DCA 2000). As a section 77.16 “claimant” to the disputed property, Diane bore

Harborside Suites, LLC v. Rosen

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-21T00:00:00-08:00

Citation: 261 So. 3d 664

Snippet: See § 77.16, Fla. Stat. (2001). Either method requires a trial of the issues. §§ 77.07, 77.16. Reversed

Harborside Suites, LLC v. Rosen

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-21T00:00:00-08:00

Citation: 261 So. 3d 664

Snippet: See § 77.16, Fla. Stat. (2001). Either method requires a trial of the issues. §§ 77.07, 77.16. Reversed

Harborside Suites v. Rosen

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-20T23:53:00-08:00

Snippet: third party and not the debtor. See § 77.16, Fla. Stat. (2001). Either method requires a trial…trial of the issues. §§ 77.07, 77.16. Reversed and remanded for further proceedings.

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-18T00:53:00-07:00

Snippet: Villamorey account at Bank pursuant to section 77.16(1) of the Florida Statutes (2017),9 it is merely…persons who have filed an affidavit under section 77.16(1) are actual parties to a garnishment proceeding…filing an affidavit under the provisions of section 77.16.”). If any person other than defendant…and plaintiff unless a jury is waived. § 77.16(1), Fla. Stat. (2017). …statutory procedure is invoked – section 77.07(2) or 77.16(1) – the result is the same: the person, by affirmatively

Salcedo v. Wells Fargo Bank, N.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-06-21T00:00:00-07:00

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

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

Goldstein v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-07T00:00:00-08:00

Citation: 154 So. 3d 469, 2015 Fla. App. LEXIS 98, 2015 WL 72236

Snippet: See In re Inquiry Concerning a Judge, J.Q.C. No. 77-16, 357 So.2d 172, 178 (Fla.1978) (“Every judicial

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.

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-08T00:53:00-07:00

Snippet: beneficiary of the account. Pursuant to section 77.16, Florida Statutes (2013), Amy filed an affidavit… he can file an affidavit to this effect. See § 77.16(1), Fla. Stat. (2013). Amy filed such an affidavit

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

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-08T00:00:00-07:00

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

Merriman Investments, LLC v. Ujowundu

Court: Fla. Dist. Ct. App. | Date Filed: 2013-10-30T00:00:00-07:00

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

Snippet: See § 77.16, Fla. Stat. (2001). Either method requires a trial of the issues. §§ 77.07, 77.16. In this…garnishment could not be dissolved under section 77.16. Next, we consider Ms. Ujowundu’s section 77.07

Carbon Capital II v. Estate of Tutt

Court: Fla. Dist. Ct. App. | Date Filed: 2013-02-27T00:00:00-08:00

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

Snippet: 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

Court: Fla. Dist. Ct. App. | Date Filed: 2011-04-01T00:00:00-07:00

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

Snippet: Sr. also relied on cases arising under Chapter 77.16, Florida Statutes, which provides a procedure for…posits that Green Sr.'s remedy lies in Section 77.16, Florida Statutes; however, because Green Sr. has… in the garnished bank account are his. Section 77.16, Florida Statutes, is designed for that purpose.…records as a joint owner, the remedy lies in section 77.16. We see no statutory or rule impediment to a hearing…obligor, so long as the requirements of section 77.16 are met. The monies in the bank account in Green

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

Court: Fla. Dist. Ct. App. | Date Filed: 2009-12-02T00:00:00-08:00

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

Snippet: not waiving any of its "rights under Statute 77.16," which governs "[c]laims by third persons…persons to garnished property." See § 77.16, Fla. Stat. (2008). The court granted the motion to intervene…not "waive any rights under Florida Statute 77.16" and explained in the "interest of judicial…mentioned his client's "rights under section 77.16," but said nothing about a jury trial, which… was proceeding poorly, it fell back on section 77.16 to extricate itself from an unfavorable decision

Inquiry Concerning a Judge, No. 08-373 re Bell

Court: Fla. | Date Filed: 2009-11-05T00:00:00-08:00

Citation: 23 So. 3d 81, 34 Fla. L. Weekly Supp. 602, 2009 Fla. LEXIS 1865

Snippet: In In re Inquiry Concerning a Judge, J.Q.C. No. 77-16, 357 So.2d 172 (Fla.1978), this Court noted the

KIA MOTORS AMERICA CORPORATION v. Butler

Court: Fla. Dist. Ct. App. | Date Filed: 2008-06-11T00:53:00-07:00

Citation: 985 So. 2d 1133

Snippet: ---------------------------- 2000 (77%) (16%) ( 4%) (1%) (1%) ----

Sosa v. Leggett & Platt, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2007-11-28T00:00:00-08:00

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

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

Ago

Court: Fla. Att'y Gen. | Date Filed: 2003-01-05T23:53:00-08:00

Snippet: See, Ops. Att'y Gen. Fla. 77-15 (1977) and 77-16 (1977). Compare, Op. Att'y Gen. Fla. 74-220

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

Court: Fla. Dist. Ct. App. | Date Filed: 2002-08-07T00:00:00-07:00

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

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2001-03-06T23:53:00-08:00

Citation: 788 So. 2d 1013

Snippet: no greater rights to the money than SCI. Section 77.16, Florida Statutes (1997), provides that a claimant…intervene instead been filed in compliance with section 77.16's affidavit requirement, unnecessary waste of…Gigliotti an opportunity to comply with section 77.16, or had Gigliotti complied with the statute on its