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Florida Statute 77.04 | Lawyer Caselaw & Research
F.S. 77.04 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 77.04

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 77
GARNISHMENT
View Entire Chapter
F.S. 77.04
77.04 Writ; form.The writ shall require the garnishee to serve an answer on the plaintiff within 20 days after service of the writ stating whether the garnishee is indebted to the defendant at the time of the answer, or was indebted at the time of service of the writ, plus up to 1 business day for the garnishee to act expeditiously on the writ, or at any time between such times; in what sum and what tangible or intangible personal property of defendant the garnishee has in his or her possession or control at the time of his or her answer, or had at the time of the service of the writ, or at any time between such times; and whether the garnishee knows of any other person indebted to defendant, or who may have any of the property of defendant in his or her possession or control. The writ shall state the amount named in plaintiff’s motion. If the garnishee is a business entity, an authorized employee or agent of the entity may execute, file, and serve the answer on behalf of the entity.
History.s. 1, ch. 43, 1845; RS 1668; s. 1, ch. 4393, 1895; GS 2132; RGS 3434; CGL 5287; s. 11, ch. 28301, 1953; s. 27, ch. 67-254; s. 385, ch. 95-147; s. 14, ch. 2005-241; s. 1, ch. 2013-233.

F.S. 77.04 on Google Scholar

F.S. 77.04 on Casetext

Amendments to 77.04


Arrestable Offenses / Crimes under Fla. Stat. 77.04
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 77.04.



Annotations, Discussions, Cases:

Cases from cite.case.law:

B. L. v. SCHUHMANN,, 380 F. Supp. 3d 614 (W.D. Ky. 2019)

. . . P. 77.04 ("Failure of the trial court to require service of notice of entry of any judgment or order . . . App. 1998) ("Our courts have consistently enforced the harsh dictates of CR 77.04(4)." . . .

LAURA M. WATSON, P. A. d b a v. STEWART TILGHMAN FOX BIANCHI, P. A. a C. P. A. a S. P. A. a, 162 So. 3d 102 (Fla. Dist. Ct. App. 2014)

. . . of garnishment, alleging lack of proper service on the garnishee in strict compliance with section 77.04 . . .

SMART, v. CITY OF MIAMI BEACH, FLORIDA,, 51 F. Supp. 3d 1299 (S.D. Fla. 2014)

. . . . § 77.04 provides that upon service of a writ of garnishment, a garnishee, in this case Power One, is . . . Stat. § 77.04. . . .

ROTHE DEVELOPMENT CORPORATION, v. DEPARTMENT OF DEFENSE, 545 F.3d 1023 (Fed. Cir. 2008)

. . . Survey of Chamber Membership and Trade Association Membership Lists”); J.A. at A1578 (Dallas study: “77.04 . . .

MERRILL LYNCH CO. INC. v. VALAT INTERNATIONAL HOLDINGS, LTD., 987 So. 2d 703 (Fla. Dist. Ct. App. 2008)

. . . See § 77.04, Fla. . . .

ARNOLD, MATHENY AND EAGAN, P. A. v. FIRST AMERICAN HOLDINGS, INC., 982 So. 2d 628 (Fla. 2008)

. . . . § 77.04, Fla. Stat. (2002). . . .

FIRST AMERICAN HOLDINGS, INC. a v. PRECLUDE, INC. a P. A., 955 So. 2d 1231 (Fla. Dist. Ct. App. 2007)

. . . . § 77.04, Fla. Stat. (2002). . . .

FIRST UNION NATIONAL BANK OF FLORIDA, v. A. KNYAL L., 874 So. 2d 716 (Fla. Dist. Ct. App. 2004)

. . . . § 77.04, Fla. Stat. (2003). . . .

T. PERRY, v. WILLIS,, 110 F. Supp. 2d 1197 (E.D. Mo. 2000)

. . . Plaintiff did not accept the offer within ten days, and thus under Missouri Rule of Civil Procedure 77.04 . . .

M. RUDD, v. FIRST UNION NATIONAL BANK OF FLORIDA, FL,, 761 So. 2d 1189 (Fla. Dist. Ct. App. 2000)

. . . See § 77.04. Fla. Stat. (1997). . . .

NAVON, KOPELMAN O DONNELL, P. A. v. SYNNEX INFORMATION TECHNOLOGIES, INC., 720 So. 2d 1167 (Fla. Dist. Ct. App. 1998)

. . . See § 77.04, Fla.Stat. (1997). . . .

In RETTEMNIER, 113 B.R. 757 (Bankr. S.D. Fla. 1990)

. . . Sec. 77.04 to serve an answer to the writ on the garnishment plaintiff (Judgment Creditor) within twenty . . .

CROCKER INVESTMENTS, INC. v. STATESMAN LIFE INSURANCE CO., 515 So. 2d 1305 (Fla. Dist. Ct. App. 1987)

. . . . § 77.04 Fla.Stat. (1985); Fla.R.Civ.P. 1.090(a). . . . .

TIRE KINGDOM, INC. v. BOWMAN,, 480 So. 2d 221 (Fla. Dist. Ct. App. 1985)

. . . The writ in Carpenter was in the form provided by section 77.04, Florida Statutes (1983) and is virtually . . .

CARPENTER, v. BENSON a k a, 478 So. 2d 353 (Fla. Dist. Ct. App. 1985)

. . . There, the writ served on the garnishee was substantially in the form required by section 77.04 and required . . . Section 77.04 provides: Writ; form. — The writ shall require the garnishee to serve an answer to it on . . .

LOPEZ, v. STATE, 470 So. 2d 58 (Fla. Dist. Ct. App. 1985)

. . . PISTOL while EDUARDO LOPEZ and ALI SANCHEZ acted as aiders or abettors, in violation of 782.04(1), 77.04 . . .

E. LUCEY, v. KAVANAUGH,, 724 F.2d 560 (6th Cir. 1984)

. . . In civil cases the date of judgment shall be the date the clerk made the notation required by CR 77.04 . . .

W. L. GIEGER, v. SUN FIRST NATIONAL BANK OF ORLANDO, J., 427 So. 2d 815 (Fla. Dist. Ct. App. 1983)

. . . See section 77.04, Florida Statutes (1981). . . .

INTERNATIONAL TRAVEL CARD, INC. a v. R. C. HASLER, INC. a, 411 So. 2d 215 (Fla. Dist. Ct. App. 1982)

. . . . §§ 77.04; 77.061. . . .

STATE v. MILLER,, 373 So. 2d 677 (Fla. 1979)

. . . . §§ 77.031, 77.04, 77.06, 77.07, Fla.Stat. (1975). . § 85.031(2), Fla.Stat. (1977): BY SALE WITHOUT . . .

ITT COMMUNITY DEVELOPMENT CORPORATION, a v. BARTON, a k a A. R. R. P. A., 569 F.2d 1351 (5th Cir. 1978)

. . . . § 77.04 (West Supp.1977), provided that [t]he writ shall require the garnishee to serve an answer to . . .

UNITED PRESIDENTIAL LIFE INSURANCE CO. v. M. KING, 361 So. 2d 710 (Fla. 1978)

. . . Section 77.04, Fla.Stat. (1975) provides: The writ shall require the garnishee to serve an answer to . . .

M. GARRETT v. HOFFMAN, U. S. R. J. U. S., 441 F. Supp. 1151 (E.D. Pa. 1977)

. . . . §§ 77.01, 77.03, 77.04, 77.07, 77.08 (West Supp. 1977); Brown v. . . .

STATE v. A. WILCOX,, 351 So. 2d 89 (Fla. Dist. Ct. App. 1977)

. . . The information stated that the offense was committed contrary to §§ 810.02(3) and 77.04, Fla.Stat. ( . . .

SOUTHEAST FIRST NATIONAL BANK OF MIAMI, v. A. BUTTER,, 350 So. 2d 573 (Fla. Dist. Ct. App. 1977)

. . . from an order dissolving a writ of garnishment entered prior to judgment pursuant to Sections 77.031, 77.04 . . .

HAUSER, v. DR. CHATELIER S PLANT FOOD COMPANY, INC., 350 So. 2d 548 (Fla. Dist. Ct. App. 1977)

. . . The writ, as issued by the clerk, was substantially as required by Section 77.04, and required the garnishee . . .

RAY LEIN CONSTRUCTION, INC. v. M. WAINWRIGHT, a, 346 So. 2d 1029 (Fla. 1977)

. . . light of recent judicial treatment of similar prejudgment procedures, we hold that Sections 77.031, 77.04 . . . Sections 77.031, 77.04, 77.06, and 77.07, Florida Statutes (1975), insofar as they pertain to prejudgment . . . account of any informality in it, although the garnishment is dissolved because of the informality. 77.04 . . . Fourth District Court of Appeal who, in turn, transferred it here: Are the provisions of §§ 77.031, 77.04 . . .

BROWN, v. LIBERTY LOAN CORPORATION OF DUVAL, S., 539 F.2d 1355 (5th Cir. 1976)

. . . The Florida statutory prejudgment provisions, §§ 77.031, 77.04, and 77.06 et seq., Fla. . . .

D. BUNTON, a v. FIRST NATIONAL BANK OF TAMPA, a, 394 F. Supp. 793 (M.D. Fla. 1975)

. . . . §§ 77.031, 77.04, and 77.06 et seq. . . .

B. REEVES, v. DON L. TULLIS ASSOCIATES, INC., 305 So. 2d 813 (Fla. Dist. Ct. App. 1975)

. . . . § 77.04 prescribes the form of the writ and a model is set forth as Form 1.907 pursuant to Rule 1.900 . . .

BROWN, v. LIBERTY LOAN CORPORATION OF DUVAL, a S., 392 F. Supp. 1023 (M.D. Fla. 1974)

. . . Under Section 77.04 of the Florida statutes, the garnishee does not have to file an answer to the petition . . . That section provides as follows : 77.04 Writ; form The writ shall require the garnishee to serve an . . .

HARRIET T. RIGHTER, EXECUTRIX OF THE ESTATE OF JESSIE H. RIGHTER v. THE UNITED STATES, 194 Ct. Cl. 400 (Ct. Cl. 1971)

. . . raw material, consisting principally of game boards and tiles, comprised between 73.35 percent and 77.04 . . .

J. STEINGOLD a v. R. FIXEL Al, 226 So. 2d 267 (Fla. Dist. Ct. App. 1969)

. . . Appellants refer to §§ 77.04 and 77.06 Fla.Stat., F.S.A. requiring the garnishee to respond by answer . . .

ELVINE, B. a d b a v. PUBLIC FINANCE CO. a, 196 So. 2d 25 (Fla. Dist. Ct. App. 1967)

. . . Appellee moved for the entry of a default. upon the ground that no answer under oath, as required by § 77.04 . . .

FRANCE STONE COMPANY, a v. UNITED STATES, 233 F. Supp. 688 (N.D. Ohio 1964)

. . . In the Bellevue Upper 18 Foot Face, it was agreed that the calcium carbonate content was 77.04 and the . . .

COMMONWEALTH SOUTHERN CORPORATION v. SECURITIES AND EXCHANGE COMMISSION, 134 F.2d 747 (3d Cir. 1943)

. . . and the debt of Commonwealth, all of which were senior to Commonwealth’s preferred stock, equalled 77.04% . . .

SANER- RAGLEY LUMBER CO., 3 B.T.A. 927 (B.T.A. 1926)

. . . excess profits tax to net income- 28. 88 Percentage of income to invested capital at beginning of year- 77.04 . . .