Writ of Garnishment in Florida

A Florida writ of garnishment is a court order issued under Chapter 77 that directs a third party, called the garnishee, to turn over money or property belonging to a judgment debtor. The garnishee is typically a bank, an employer, a brokerage firm, or any other person or entity holding the debtor’s assets. Service of the writ immediately freezes the debtor’s property in the garnishee’s hands.

Florida courts construe the garnishment statutes strictly against creditors. A single procedural defect in filing, service, or notice can result in the writ being dissolved and frozen funds released, even when the underlying debt is valid. Debtors who understand the procedural requirements and act within the statutory deadlines have real opportunities to challenge or dissolve an improper writ.

Who Can Obtain a Writ of Garnishment in Florida?

Any creditor who has filed a lawsuit to recover a debt, or who has already obtained a money judgment, may apply for a writ of garnishment. The right is not limited to any particular creditor type. Credit card companies, medical providers, business partners, and private individuals holding judgments all use garnishment to collect.

A creditor does not need to show that other collection methods have failed. Garnishment can run alongside execution and levy, judgment liens, and proceedings supplementary. Florida courts have permitted multiple simultaneous writs against the same debtor, including writs directed at different banks and a continuing writ against the debtor’s employer, all active at the same time.

How Does a Creditor File a Writ of Garnishment?

A creditor files a Motion for Writ of Garnishment with the clerk of the court that entered the judgment. The motion must identify the judgment, the total amount owed including accrued interest and costs, and the garnishee to be served. The creditor must also pay the clerk’s filing fee and deposit $100 into the court registry to cover the garnishee’s attorney’s fees for answering.

The clerk issues the writ once the motion meets statutory requirements. No judge’s order is needed for a post-judgment writ. The motion can be filed ex parte, meaning without advance notice to the debtor. The creditor then arranges service on the garnishee through the sheriff’s office or a process server. The sheriff’s service fee, typically around $40, is recoverable as a cost of collection.

What Happens When a Bank Is Served with a Writ?

Service of the writ creates an immediate lien on every account bearing the debtor’s name. Joint accounts, business accounts where the debtor has signatory authority, and accounts holding entirely exempt funds are all frozen. Florida law shields banks from liability for freezing accounts later found to be exempt, so banks freeze broadly rather than risk personal liability for releasing funds that should have been held.

The freeze amount is capped at double the amount stated in the creditor’s motion. If the motion states the judgment balance is $50,000, the bank cannot freeze more than $100,000. Any amounts beyond that cap should remain accessible to the debtor.

Bank accounts that receive direct-deposited federal benefits such as Social Security get additional protection under federal law. The bank must perform an automatic review and protect an amount equal to two months of federal benefit deposits without requiring the debtor to take any action. The protected amount remains accessible even while the rest of the account is frozen. This automatic protection applies only to electronically deposited federal benefits, not to benefits deposited by paper check.

What Notice Must the Creditor Provide?

The creditor must mail the debtor several documents by first-class mail: the motion, the writ, and a Notice to Defendant that includes a Claim of Exemption form. The mailing deadline is five business days after the clerk issues the writ, or three business days after the writ is served on the garnishee, whichever is later.

Missing this mailing deadline is one of the most common procedural errors creditors make. Courts have consistently held that failure to timely mail the notice documents is grounds for dissolving the writ, regardless of whether the debtor was otherwise aware of the garnishment.

How Does the Garnishee Answer?

The garnishee must file a written answer within 20 days of being served. The answer must state whether the garnishee holds money or property belonging to the debtor, the amounts involved, and how accounts are titled. For bank garnishments, the answer typically lists every account bearing the debtor’s name and each account’s balance when the writ was served.

A garnishee that fails to answer within 20 days faces serious consequences. The creditor may obtain a default, and a final judgment can then be entered against the defaulted garnishee for up to the full judgment amount. A bank that ignores a writ can become personally liable for the entire debt, which creates a strong incentive to respond on time.

Even after default, Florida courts have held that the garnishee is entitled to notice and a hearing before a final judgment is entered against it. The judgment against the garnishee cannot exceed the judgment against the original debtor.

The creditor must also mail the debtor the garnishee’s answer within five days, along with a notice that the debtor has 20 days to move for dissolution. Failure to provide this post-answer notice is an independent ground for dissolution.

If the creditor believes the garnishee’s answer is incomplete or false, the creditor may file a reply within 20 days to challenge it. The court then schedules a hearing. If the creditor does not file a reply, the garnishee’s answer is taken as true, and the garnishee may surrender any disclosed property and be discharged.

How Does a Debtor Claim Exemptions?

Garnishment exemptions are not automatic in Florida. The debtor must file a notarized Claim of Exemption form with the court and deliver copies to the creditor and garnishee within 20 days.

The most frequently claimed exemptions include head of household wages, Social Security benefits, disability payments, retirement account distributions, annuity and life insurance proceeds, and bank accounts held by married spouses as tenants by the entireties.

Once a debtor files the claim, the creditor has 8 business days to object if the claim was hand-delivered, or 14 business days if mailed. If the creditor fails to object in time, the writ is automatically dissolved and the garnished funds are released without a hearing. If the creditor objects, the court schedules an evidentiary hearing where the debtor bears the burden of proving the exemption.

What Happens to Joint Accounts and Non-Debtor Owners?

A writ that reaches a joint bank account freezes the entire balance, even though the non-debtor co-owner’s funds should not be subject to collection. The non-debtor must intervene and prove ownership of specific funds using bank statements, deposit records, and documentation showing the source of each deposit. Commingled funds create tracing problems. If the non-debtor cannot show which dollars are theirs, the court may allow the creditor to reach the entire account.

Married couples have a stronger defense. Under § 655.79, Florida law presumes that any joint account held by both spouses is a tenants by the entireties account, which is fully protected when the judgment runs against only one spouse. If the bank’s account agreement disclaims entireties ownership, that contractual language may override the statutory presumption. Creditors who garnish an entireties account often do not know, or do not care, that the funds may be exempt. Married couples should confirm their bank’s documentation does not disclaim entireties ownership.

How Does Bank Account Garnishment Differ from Wage Garnishment?

A bank garnishment attaches only to funds in the account when the writ is served. Unlike a continuing writ of wage garnishment, a bank garnishment does not capture future deposits. If the creditor wants to reach newly deposited funds, the creditor must obtain and serve a new writ. There is no limit on the number of successive writs a creditor may file.

A continuing writ applies only to wages, salary, and commissions. Rent, independent contractor compensation, accounts receivable, and other payment types cannot be garnished on a continuing basis and require a separate writ each time. Federal law limits the garnishable wage amount to the lesser of 25% of disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage.

What Happens When a Writ of Garnishment Is Dissolved?

A writ can be dissolved on two independent grounds: the garnished funds are exempt, or the creditor committed a procedural error.

For exempt funds, filing a timely Claim of Exemption is the standard remedy. If the creditor does not contest the exemption within the statutory deadline, the clerk must dissolve the writ automatically without a hearing.

Procedural failures that have led to dissolution include missing the debtor notice mailing deadline, omitting the Claim of Exemption form, failing to serve the garnishee’s answer within five days, and omitting the dissolution notice. Failure to file for final judgment within the six-month limit also triggers automatic dissolution. A single missed deadline or omitted document can release all frozen funds.

The six-month deadline matters most. If the creditor does not file for final judgment within six months, the writ automatically dissolves by operation of law and the bank must release the frozen funds. The creditor may file for one six-month extension, bringing the maximum to twelve months. Courts have held this time limit is jurisdictional. Any activity on the record after the deadline does not revive a dissolved writ, and the garnishee cannot waive the automatic dissolution.

If the writ is dissolved because of the creditor’s errors, the creditor may owe the garnishee’s attorney’s fees and costs. Dissolution does not prevent the creditor from filing a new, procedurally correct writ, but it does release the frozen funds in the interim.

Can a Writ of Garnishment Be Issued Before Judgment?

Florida permits pre-judgment garnishment under § 77.031, but only in contract actions, not tort. The creditor must file a verified motion alleging specific facts about the debt and must post a bond equal to double the amount claimed. The bond protects the debtor from damages if the creditor does not prevail.

Pre-judgment garnishment is rare because most creditors are unwilling to post the required bond. The debtor retains all rights to claim exemptions and challenge the writ on procedural grounds. A creditor who loses the underlying case faces exposure on the bond for damages caused by the freeze.

How to Respond to a Writ of Garnishment

A debtor who discovers a bank account has been frozen or wages withheld should act immediately. The 20-day deadline to file a Claim of Exemption runs from the date the debtor receives the garnishment paperwork, and Florida courts enforce this deadline strictly.

Three response strategies exist, depending on the situation. First, if the garnished funds are exempt (head of household wages, Social Security, entireties accounts), the debtor should file the Claim of Exemption form with the court and deliver copies to the creditor and garnishee. Many creditor attorneys will voluntarily dissolve a garnishment when presented with proof of a valid exemption.

Second, even when funds are not exempt, the debtor should review the garnishment paperwork for procedural defects. Experienced creditor attorneys frequently miss at least one technical requirement in Chapter 77. A procedural violation gives the court grounds to dissolve the writ.

Third, debtors with substantial exposure should consider advance planning rather than reacting after a writ is served. Keeping bank accounts titled as tenants by the entireties, maintaining exempt funds in separate accounts, and documenting dependent support for the head of household exemption all reduce vulnerability. Florida asset protection planning covers business structuring, exempt assets, and offshore planning for higher levels of exposure.