Florida/Georgia Personal Injury & Workers Compensation

...§ 77.06 provides that service of the writ of garnishment upon the garnishee "shall make garnishee liable for all debts due by him to defendant * * * at the time of the service of the writ or at any time between the service and the time of his answer." Sub judice the garnishee answered that she was not so indebted. F.S. § 77.061 provides for a reply by the plaintiff (formerly known as a traverse and so designated sub judice) by which plaintiff may, if not satisfied with the garnishee's answer, place in issue any allegations of the answer as plaintiff may desire....

...ty, the PSC or the customers of the utility and "that defendant [the utility] does not have control of the account." Because the advertising agency did not file a reply to the answer, for purposes of this proceeding the answer must be taken as true. § 77.061, Fla....

...ave availed himself of the exculpatory provisions of Section 77.06(3), Florida Statutes. He chose not to do so at his risk. A judgment creditor who is not satisfied with the garnishee's answer may serve a reply denying the allegations of the answer (Section 77.061) and demanding a jury trial on the issues made (Section 77.08)....

77.055, Florida Statutes (1997). Pursuant to section 77.061, Florida Statutes (1997), Cadle served a reply

...d in the accounts. However, the garnishee asserted that the trial court lacked subject matter jurisdiction over the accounts because they are not located in Florida. The plaintiff then filed a reply disputing the garnishee’s answer pursuant to section 77.061, Florida Statutes (2021)....

...determine whether the trial court had the authority to enter the judgment against the garnishee. Moreover, section 77.083 expressly requires a “trial” before a judgment can be entered in garnishment if a plaintiff contests the garnishee’s answer in a reply filed pursuant to section 77.061. Compare § 77.061, Fla....

...Pressner and GGC each filed a motion to dissolve the writ of garnishment. The trial court denied the motions to dissolve and entered a final judgment for Mrs. Pressner. The answer unequivocally identified the funds as being deposited in a partnership account. Mrs. Pressner failed to reply. Section 77.061, Florida Statutes (1989) provides as follows: “On failure of plaintiff to file a reply, the answer shall be taken as true....” Thus, the funds were established as partnership property....

...*82 Finally, we affirm the trial court’s order denying the Bank’s motion for discharge. The Bank argues that the trial court erred in denying the Bank’s motion for discharge because Cobb did not timely serve a reply to the Bank’s answer pursuant to section 77.061....

...We note that the trial court initially denied Cobb’s motion for summary judgment against the Bank. The trial court changed its position after Cobb's motion for rehearing, con-eluding that the initial answers to the writs filed by the Bank were improperly submitted pro se. . Section 77.061 provides the following: Reply....

...However, Appellant asserted in its Amended Answer that the lower court lacked subject matter jurisdiction over the case because the property at issue was not located in Florida. Appellee did not file a reply to the Amended Answer. Consequently, the allegations in the Amended Answer were to be taken as true. See § 77.061, Fla. Stat....

...inia, not Florida. Debtor responded to the writ by filing a claim of exemption from garnishment and requested a hearing. Appellee filed an affidavit opposing debtor’s claim of exemption and an “objection” to appellant’s answer pursuant to section 77.061, Florida Statutes (2023)....

...�s claim of exemption to affect its interests. In fact, section 77.083, Florida Statutes (2023), expressly requires a trial before a judgment can be entered in garnishment if a plaintiff contests the garnishee’s answer in a reply filed pursuant to section 77.061, Florida Statutes (2023)....