Florida Statutes

Fla. Stat. § 77.16 (2025)

Claims by third persons to garnisheed property.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 37 cases (2 in the last 5 years), 1965–2023 · leading case: Gigliotti Contracting North, Inc. v. Traffic Control Pro. of North Florida, Inc., 788 So. 2d 1013 (Fla. 2d DCA 2001).

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Gigliotti Contracting North, Inc. v. Traffic Control Pro. of North Florida, Inc., 788 So. 2d 1013 (Fla. 2d DCA 2001). · cites it 4× “Section 77.16, Florida Statutes (1997), provides that a claimant to funds that may be garnisheed, such as Gigliotti, is required to file an affidavit asserting that a certain amount of the funds in the hands of the garnishee belongs to it.”

Branch Banking & Trust Co. v. ARK Dev./Oceanview, LLC, 150 So. 3d 817 (Fla. 4th DCA 2014). · cites it 4× “Pursuant to section 77.16, Florida Statutes (2013), Amy filed an affidavit alleging the funds in the 8070 account had been improperly garnished because they belonged to her and not her husband.”

Villamorey, S.A. v. Bdt Investments, Inc., 245 So. 3d 909 (Fla. 3d DCA 2018). · cites it 5× “possession of the garnishee, may assert such claim by filing an affidavit under the provisions of section 77.16.”). If any person other than defendant claims that .”

Oper v. Air Control Prods., Inc. of Miami, 174 So. 2d 561 (Fla. 3d DCA 1965). · cites it 6× “Pursuant to the authority found in § 77.16, Fla. Stat., F.S.A., the appellant along with others filed a third party claim in the *563 garnishment proceedings.”

Ginsberg v. Goldstein, 404 So. 2d 1098 (Fla. 3d DCA 1981). · cites it 2× “Burton asserted in defense that

Merriman Investments, LLC v. Ujowundu, 123 So. 3d 1191 (Fla. 3d DCA 2013). · cites it 3× “Depending on the circumstance, the request to dissolve may be made in either of two ways: (1) on motion of the debtor challenging the truth of the allegations in the creditor’s petition for the writ, see § 77.”

Green v. Dep't of Revenue Ex Rel. Williams, 78 So. 3d 555 (Fla. 5th DCA 2011). · cites it 6× “’s remedy lies in Section 77.16, Florida Statutes; however, because Green Sr.”

Milliken & Co. v. Haima Grp. Corp., 654 F. Supp. 2d 1374 (S.D. Fla. 2009). · cites it 10× “07 (2) and Fla. Stat. § 77.16 (1) prohibit the garnishment of personal property or monies owed *1376 to Dahua by the Garnishees.”

Live Supply, Inc. v. C & S Plumbing, Inc., 402 So. 2d 505 (Fla. 4th DCA 1981). · cites it 4× “Appellant contends that Section 77.16(1), Florida Statutes (1979) requires of C & S Plumbing of Florida, Inc.”

Antuna v. Dawson, 459 So. 2d 1114 (Fla. 4th DCA 1984). · cites it 2× “§ 77.16, Fla. Stat. (1983). Such a procedure appears to comport with minimal due process requirements.”

Regions Bank v. Hyman, 91 F. Supp. 3d 1234 (M.D. Fla. 2015). · cites it 2× “F.S. § 77.16. Plaintiff Regions argues that the R & R disregards the effect of USAmeribank’s Answer, and erroneously looks to the letter of May 20, 2013 from Bing Kearney to Regions’ counsel as additional notice that there were co-owners of the Kearney accounts.”

RPS, Inc. v. Travel Max Int'l, Inc., 823 So. 2d 243 (Fla. 4th DCA 2002). · cites it 2× “See § 77.16(1), Fla. Stat. (2001) (“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…”

Show all 37 citing cases →

— 77.16(1) — 10 cases

Villamorey, S.A. v. Bdt Investments, Inc., 245 So. 3d 909 (Fla. 3d DCA 2018). “possession of the garnishee, may assert such claim by filing an affidavit under the provisions of section 77.16.”). If any person other than defendant claims that .”

Ginsberg v. Goldstein, 404 So. 2d 1098 (Fla. 3d DCA 1981). “Burton asserted in defense that

Live Supply, Inc. v. C & S Plumbing, Inc., 402 So. 2d 505 (Fla. 4th DCA 1981). “Appellant contends that Section 77.16(1), Florida Statutes (1979) requires of C & S Plumbing of Florida, Inc.”

Branch Banking & Trust Co. v. ARK Dev./Oceanview, LLC, 150 So. 3d 817 (Fla. 4th DCA 2014). “Pursuant to section 77.16, Florida Statutes (2013), Amy filed an affidavit alleging the funds in the 8070 account had been improperly garnished because they belonged to her and not her husband.”

RPS, Inc. v. Travel Max Int'l, Inc., 823 So. 2d 243 (Fla. 4th DCA 2002). “See § 77.16(1), Fla. Stat. (2001) (“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…”

— 77.16(3) — 1 case

Kearney v. Unibay Co., 466 So. 2d 271 (Fla. 4th DCA 1985).

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