Florida Writ Of Garnishment Statute
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FAQ
Five (5) business days after the writ is issued or three (3) business days after the writ is served on the garnishee (whichever is later), the plaintiff is required to mail a copy of the Writ of Garnishment, a copy of the Motion and the 'Notice to Defendant' (if the defendant is an individual), as set forth in Fla.
Florida garnishment statute section 77.041 imposes procedural rules and deadlines for creditors, additionally allowing judgment creditors to contest a garnishment. Creditors must comply with all garnishment statutes, including properly completing and mailing legal papers while complying with various deadlines.
§ 77.061. When any garnishee answers and plaintiff is not satisfied with the answer, he or she shall serve a reply within 20 days thereafter denying the allegations of the answer as he or she desires.
The statute provides that a creditor begins the garnishment process by filing a short motion with the court (?Motion for Writ of Garnishment?) and paying fees and deposits to the clerk of court. The clerk then issues the writ. The judgment creditor is not required to seek a judge's permission or a court order.
The court shall allow the judgment debtor's employer to collect up to $5 against the salary or wages of the judgment debtor to reimburse the employer for administrative costs for the first deduction from the judgment debtor's salary or wages and up to $2 for each deduction thereafter.