Florida Statute 77.24 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 77
GARNISHMENT

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77.24 Before judgment; discharge.—At any time before the entry of judgment, a defendant whose property has been garnisheed may secure its release by giving a bond with surety to be approved by the clerk in at least double the amount claimed in the complaint with interest and costs, or if the value of the property garnisheed is less than this amount, then in double the value, conditioned to pay any judgment recovered against the defendant in the action with interest and costs, or so much thereof as shall equal the value. On the approval of the bond the court shall discharge the garnishment and release the property. The order shall become effective on its filing with the bond. If garnishee admits a debt to or possession of property of defendant in excess of a sum sufficient to satisfy plaintiff’s claim, on motion of defendant and notice to plaintiff, the court shall release garnishee from responsibility to plaintiff for any debt to or property of defendant except in a sum deemed by the court sufficient to satisfy plaintiff’s claim with interest and costs.

History.—RS 1685; GS 2150; s. 1, ch. 5906, 1909; s. 2, ch. 6910, 1915; RGS 3452; CGL 5305; s. 27, ch. 67-254; s. 399, ch. 95-147.

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Amendments to 77.24

Annotations, Discussions, Cases:

Cases Citing Statute 77.24

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Ray Lein Const., Inc. v. Wainwright, 346 So. 2d 1029 (Fla. 1977).

Cited 8 times | Published | Supreme Court of Florida

...al safeguards and points specifically to Section 77.07(2), Florida Statutes, which provides for an immediate post-garnishment hearing before a judge. In addition, debtor is provided an opportunity to free his assets by posting adequate security. See Section 77.24, Florida Statutes (1975)....

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Dynatronics, Inc. v. Knorr, 247 So. 2d 70 (Fla. Dist. Ct. App. 1971).

Published | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6603

...because the original proceeding in which the writ of garnishment was sued out had not been finally dismissed or adjudicated on its merits, and appellee had brought no proceedings resulting in a dissolution of the writ of garnishment. Florida Statute § 77.24 (1969), F.S.A....

...he garnishment and release the property.” F. S. § 77.07, F.S.A. provides for dissolution of garnishment by the court that entered the writ. We feel that either the proceedings outlined in F.S. § 77.07, F.S.A., or the posting of a bond under F.S. § 77.24, F.S.A., result in sufficient discharge or dissolution of the writ to allow a later suit for improper garnishment. In the case of Nash v. Walker, Fla.1955, 78 So.2d 685 , the Florida Supreme Court also recognized that a garnishment may be discharged under both F.S. §§ 77.07 and 77.24, F.S.A....