Florida Statute 77.305 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 77
GARNISHMENT

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F.S. 77.0305

77.0305 Continuing writ of garnishment against salary or wages.—Notwithstanding any other provision of this chapter, if salary or wages are to be garnished to satisfy a judgment, the court shall issue a continuing writ of garnishment to the judgment debtor’s employer which provides for the periodic payment of a portion of the salary or wages of the judgment debtor as the salary or wages become due until the judgment is satisfied or until otherwise provided by court order. A debtor’s status as an employee of the state or its agencies or political subdivisions does not preclude a judgment creditor’s right to garnish the debtor’s wages. For the purposes of this section, the state includes the judicial branch and the legislative branch as defined in s. 216.011. The state, for itself and for its agencies and subdivisions, waives sovereign immunity for the express and limited purpose necessary to carry out this section. 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. The funds collected by the state under this section must be deposited in the Department of Financial Services Administrative Trust Fund for purposes of carrying out this section.

History.—s. 1, ch. 88-295; s. 2, ch. 93-69; s. 1, ch. 93-256; s. 107, ch. 2003-261.

F.S. 77.0305 on Google Scholar

F.S. 77.0305 on CourtListener

Amendments to 77.0305

Annotations, Discussions, Cases:

Cases Citing Statute 77.0305

Total Results: 19

In Re Amend. to Fla. Rules of Civ. Proc.

682 So. 2d 105, 1996 WL 627562

Supreme Court of Florida | Filed: Oct 31, 1996 | Docket: 2448566

Cited 29 times | Published

Amendment. This form is to be used to effectuate section 77.0305, Florida Statutes. 1996 Amendment. The following

In Re Amendments to Fla. Rules Civ. Proc.

604 So. 2d 1110, 1992 WL 163953

Supreme Court of Florida | Filed: Jul 16, 1992 | Docket: 1686576

Cited 15 times | Published

907(b), Garnishment, is added to effectuate section 77.0305, Florida Statutes (1991). It provides for a

Brock v. Westport Recovery Corp.

832 So. 2d 209, 2002 Fla. App. LEXIS 17756, 2002 WL 31696814

District Court of Appeal of Florida | Filed: Dec 4, 2002 | Docket: 1336042

Cited 5 times | Published

not "salary or wages" within the meaning of section 77.0305, Florida Statutes (2001). First Union National

Cadle Co. v. G & G ASSOCIATES

737 So. 2d 1136, 1999 Fla. App. LEXIS 7916, 1999 WL 393656

District Court of Appeal of Florida | Filed: Jun 16, 1999 | Docket: 1301099

Cited 4 times | Published

the circuit judge who authorized the writ; section 77.0305, Florida Statutes (1997), provides that the

First Colony v. Sun State Capital Funding

730 So. 2d 735, 1999 WL 122789

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 1755322

Cited 4 times | Published

Procedure 9.020(g)(2), she is an appellee. [5] See § 77.0305, Fla. Stat. (1997) (providing for continuing writs

Hernando County v. Warner

705 So. 2d 1053, 1998 WL 56027

District Court of Appeal of Florida | Filed: Feb 13, 1998 | Docket: 1581327

Cited 3 times | Published

the waiver of sovereign immunity provided in section 77.0305 of the Florida Statutes does not apply when

In Re Puff 'N Stuff of Winter Park, Inc.

183 B.R. 959, 9 Fla. L. Weekly Fed. B 9, 1995 Bankr. LEXIS 676, 1995 WL 410393

United States Bankruptcy Court, M.D. Florida | Filed: May 2, 1995 | Docket: 1835481

Cited 3 times | Published

the availability of exemptions, i.e., (1) Section 77.0305, waiving sovereign immunity regarding garnishment

Dena J. Ulisano v. Frederick Ulisano, III, a/k/a Rick Ulisano and Moredirect, Inc.

154 So. 3d 507, 2015 Fla. App. LEXIS 156, 2015 WL 71681

District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621567

Cited 1 times | Published

continuing writ of garnishment pursuant to section 77.0305, Florida Statutes (2013). The writ ordered

Baker v. Storfer

51 So. 3d 652, 2011 Fla. App. LEXIS 546, 2011 WL 222324

District Court of Appeal of Florida | Filed: Jan 26, 2011 | Docket: 2406733

Cited 1 times | Published

continuing writ of garnishment, pursuant to section 77.0305, Florida Statutes (2009). Garnishee, Debtor's

Merriman Investments, LLC v. Ujowundu

123 So. 3d 1191, 2013 WL 5813970, 2013 Fla. App. LEXIS 17216

District Court of Appeal of Florida | Filed: Oct 30, 2013 | Docket: 60234899

Published

debt due to defendant by a third person .... ”); § 77.0305, Fla. Stat. (2011) (“[I]f salary or wages are

Pineiro v. American Express Card Services Co.

105 So. 3d 614, 2013 WL 163465, 2013 Fla. App. LEXIS 570

District Court of Appeal of Florida | Filed: Jan 16, 2013 | Docket: 60227906

Published

Pineiro for $18,398.10. In 2010, pursuant to section 77.0305, Florida Statutes (2010), the law firm secured

First Union National Bank of Florida v. Knyal

874 So. 2d 716, 2004 Fla. App. LEXIS 7725, 2004 WL 1196983

District Court of Appeal of Florida | Filed: Jun 2, 2004 | Docket: 64830949

Published

continuing writ of garnishment pursuant to section 77.0305, Florida Statutes. A final judgment was entered

Amendments to the Florida Rules of Civil Procedure

773 So. 2d 1098, 2000 Fla. LEXIS 2312, 2000 WL 1472356

Supreme Court of Florida | Filed: Oct 5, 2000 | Docket: 64802529

Published

Amendment. This form is to be used to effectuate section 77.0305, Florida Statutes. 1996 Amendment. The following

Rudd v. First Union National Bank

761 So. 2d 1189, 2000 Fla. App. LEXIS 8018, 2000 WL 827076

District Court of Appeal of Florida | Filed: Jun 28, 2000 | Docket: 64798518

Published

satisfied or otherwise provided by court order. See § 77.0305, Fla. Stat. (1997). The garnishee is only liable

Ago

Florida Attorney General Reports | Filed: Jul 14, 1998 | Docket: 3258686

Published

court-ordered alimony or child support. Similarly, section 77.0305, Florida Statutes, authorizes a continuing

Metropolitan Dade County v. United Guaranty Residential Insurance Co. of North Carolina

645 So. 2d 1117, 1994 Fla. App. LEXIS 11872, 1994 WL 682789

District Court of Appeal of Florida | Filed: Dec 7, 1994 | Docket: 64752381

Published

section. Ch. 93-256, § 1, Laws of Fla., codified in § 77.0305, Fla.Stat. (1993) (entitled “continuing writ of

Palm Coast Recovery Corp. v. Carter

638 So. 2d 1003, 1994 Fla. App. LEXIS 5802, 1994 WL 261415

District Court of Appeal of Florida | Filed: Jun 15, 1994 | Docket: 64749321

Published

sought a continuing wage garnishment, under section 77.0305, Florida Statutes. At a hearing on its motion

Vetrick v. Hollander

566 So. 2d 844, 1990 Fla. App. LEXIS 6478, 1990 WL 125081

District Court of Appeal of Florida | Filed: Aug 29, 1990 | Docket: 64652931

Published

continuing writ of garnishment, pursuant to section 77.0305, Florida Statutes (Supp.1988). Appellant, Joseph

Cooper v. Cooper

546 So. 2d 107, 14 Fla. L. Weekly 1603, 1989 Fla. App. LEXIS 3798, 1989 WL 73855

District Court of Appeal of Florida | Filed: Jul 7, 1989 | Docket: 64643598

Published

garnishment in this case, the legislature enacted section 77.0305, Florida Statutes (Supp.1988), which authorizes