Florida Statutes
Fla. Stat. § 77.28 (2025)
Garnishment; attorney fees, costs, expenses.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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77.28 Garnishment; attorney fees, costs, expenses.—Upon issuance of any writ of garnishment, the party applying for it shall pay $100 to the garnishee on the garnishee’s demand at any time after the service of the writ for the payment or part payment of his or her attorney fee which the garnishee expends or agrees to expend in obtaining representation in response to the writ. On rendering final judgment, the court shall determine the garnishee’s costs and expenses, including a reasonable attorney fee, and in the event of a judgment in favor of the plaintiff, the amount is subject to offset by the garnishee against the defendant whose property or debt owing is being garnished. In addition, the court shall tax the garnishee’s costs and expenses as costs. The plaintiff may recover in this manner the sum advanced by him or her, and, if the amount allowed by the court is greater than the amount paid together with any offset, judgment for the garnishee shall be entered against the party against whom the costs are taxed for the deficiency.
History.—s. 1, ch. 21772, 1943; s. 27, ch. 67-254; s. 2, ch. 81-301; s. 4, ch. 85-272; s. 1, ch. 88-234; s. 401, ch. 95-147; s. 76, ch. 2003-402; s. 3, ch. 2014-211.
Notes of Decisions
Cited in 31
cases (9 in the last 5 years), 1957–2026 · leading case: Florida Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985).
Florida Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985). “1984) (alimony and child support enforcement); § 77.28, Fla. Stat. (1983) (garnishment); § 718.”
Akerman Senterfitt & Eidson, P.A. v. Value Seafood, Inc., 121 So. 3d 83 (Fla. 3d DCA 2013). “§ 77.28, Fla. Stat. In applying section 77.”
Arnold, Matheny, Pa v. First Am. Holdings, 982 So. 2d 628 (Fla. 2008). “See § 77.28, Fla. Stat. (2002). B. Statutory Construction With this overview of Florida garnishment law in mind, we now discuss the interpretation of the garnishment statute.”
Zelaya/Capital Int'l Judgment, LLC v. John Zelaya, 769 F.3d 1296 (11th Cir. 2014). “Deutsche Bank contended that it was entitled to recover these expenses un *1300 der Florida law (Fla.Stat. § 77.28) as a garnishee bank. In its motion, Deutsche Bank requested a total of ,305.”
Beasley v. Wolf, 151 So. 2d 679 (Fla. 3d DCA 1963). “The garnishee thereafter moved for assessment of attorney's fees as costs under § 77.28, Fla. Stat., F.S.A., and attached an affidavit of an attorney stating that 0 was a reasonable fee for the services rendered to it.”
Suntrust Bank v. Arrow Energy, Inc., Aviation Fuel Int'l, Inc. & Sean Wagner, 199 So. 3d 1026 (Fla. 4th DCA 2016). “Moreover, section 77.28, Florida Statutes (2013), provides that the court must determine the garnishee’s attorney’s fees and costs, and that those can be offset against the amount owed.”
RPS, Inc. v. Travel Max Int'l, Inc., 823 So. 2d 243 (Fla. 4th DCA 2002). “See § 77.28, Fla. Stat. (2001) (“On rendering final judgment, the court shall determine the garnishee’s costs and expenses, including a reasonable attorney’s fee, and in the event of a judgment in favor of the plaintiff, the amount shall be subject to offset by the garnishee…”
Ebsary Found. Co. v. Barnett Bank of South Fla., Na, 569 So. 2d 806 (Fla. 3d DCA 1990). “1972), we hold that the trial judge correctly refused to award the bank a reasonable attorney's fee under section 77.28, Florida Statutes (1989) and appropriately restricted its recovery in this regard to the 0 deposit provided by that section.”
First Nat'l Bank & Trust Co. v. Bryan, 427 So. 2d 392 (Fla. 4th DCA 1983). “The bank, on the other hand, was merely a stakeholder and was entitled under the statute, Section 77.28, Florida Statutes (1981), to be reimbursed for the total amount expended as attorney’s fees.”
Ellis v. Barclays Bk. Plc-miami Agency, 594 So. 2d 826 (Fla. 3d DCA 1992). “This cause is remanded with directions to award attorney's fees pursuant to Section 77.28, Florida Statutes (1991). Affirmed in part and reversed in part.”
Paz v. Hernandez, 654 So. 2d 1243 (Fla. 3d DCA 1995). “Under section 77.28, the plaintiff must deposit 0 in the court registry before applying for a writ of garnishment in order to help offset the garnishee's costs and fees which will be incurred as a result of the writ.”
Baxter Healthcare Corp. v. Universal Med. Labs, Inc., 760 So. 2d 1126 (Fla. 5th DCA 2000). “Section 77.28, Florida Statutes, does provide that the court shall determine the garnishee’s costs and expenses upon entry of a final judgment.”
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