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Writ Of Garnishment Florida

Summarized by Plex Health
Last Updated: 09 April 2022

A writ of garnishment in Florida is a collection device that can assist a judgment creditor in obtaining a money decision against a debtor. Checking accounts are debts because they are demand accounts; the financial institution owes money on deposit to the debtor on demand. 77. 041 is a key section of a Florida garnishment statute that specifies the procedural deadlines for the creditor as well as the ability of a judgment debtor to contest the garnishment. The garnishee, the individual or business that owes the judgment debtor money, must be furnished with a copy of the creditor's letter, a copy of the court's Writ of Garnishment, and a Claim of Exemption form within five days of the clerk's service to the garnishee, whichever is later. The debtor may file a request of exemption if the judgment debtor believes that garnished property is legally exempt from collection. After a judge has granted your request for a debt against the plaintiff, you will file the following with the clerk of court; The plaintiff will then be owed the writ of garnishment and order; Writ of garnishment; Filing fee Plaintiff will then be liable for the garnishment, and the garnishment will be served on the garnishee. Then, within 5 days of being asked the garnishee's answer or the time period in which the answer was scheduled, the plaintiff must mail a copy of the garnishee's answer and a note notifying the defendant that they have 20 days to remove the writ. Until further action from the garnishee or defendant results in a court order relieving such debt, garnishee is liable for all debts. Service of the writ renders garnishee liable for all debts. However, if the judgment creditor has information about the judgment debtor's bank accounts or employer, or knows the names and addresses of individuals indebted to the judgment debtor or in possession of its property, the judgment creditor may be able to access these funds through a garnishment lawsuit.

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