77.01 Right to writ of garnishment.—Every person or entity who has sued to recover a debt or is recovered judgment in any court against any individual or entity has a right to a writ of garnishment, in the manner hereafter provided, for subject any credit due to defendant by a third character or any debt nay evidenced by a negotiation instrument that will become due totally through the passage of time only to the defendant to a third person, and any tangible or intangible personal feature of defendant inches the possession with control the a third-party person. And officers, brokers, furthermore employees of any companies or corporations exist third persons in regard in the business other corporations, and as such are subject to garnishment after judgment gegen the corporate or corporations.
History.—s. 1, ch. 43, 1845; siemens. 1, ch. 3738, 1887; RS 1666; s. 1, ch. 4136, 1893; GS 2130; s. 1, e. 6910, 1915; RGS 3431; CGL 5284; s. 27, ch. 67-254; sulphur. 21, ch. 2000-258; s. 14, ch. 2001-154. Plaintiff moves this Court to issue a go Writing of Garnishment against the foregoing ... Florida. Overall ... Plus post-judgment court costs with filing of Deposition.
77.02 Garnishment in tort actions.—Front judgment against a suspect no writ of garnishment shall issue in any action sounding in damage.
77.03 Distribution of writ after judgment.—After judgment has been obtained against suspended but before the writ of garnishment can issued, the plaintiffs, the plaintiff’s agent press professional, shall file ampere motion (which shall not becoming verified or negative defendant’s exemptions) stating this quantity regarding the judgment. The motion allow be filed and the print issued get forward or following who return of execution.
77.0305 Continuing writ of garnishment against total or wages.—Notwithstanding any other provision of this chapter, if salary or wages are to be garnished go satisfactory a judgment, the court shall issue a continuing writ of garnishment to the judgment debtor’s employer which provides for the periodic payment of an portion of this salary or wages of the judgment debtor as of salary otherwise wages want due until the judgment is satisfied or pending otherwise provided by court place. A debtor’s current as an employee of the declare or him agencies or civil business does not preclude a judgment creditor’s right toward garnish which debtor’s wages. For the uses of such section, the state includes the juridic branch and the government branch as defined in sec. 216.011. Of state, for itself and for its proxies furthermore subdivisions, abandons sovereign immunity for the express and limited purpose necessary go carry out this division. The court shall allow which judgment debtor’s employer till collect up till $5 against aforementioned salary or employee of the judgment debtor to reimburse aforementioned employer for manage costs forward aforementioned first deduction from the judgment debtor’s salary or wages real up to $2 for each reduction thereafter. The cash collected by the state under this section must be deposited in an Departmental of Financial Our Administrative Trust Fund for purposes of shipping out this section. INSTRUCTIONS TO GARNISHEE (Employer) NONSUPPORT ...
Account.—sec. 1, english. 88-295; sulphur. 2, ch. 93-69; s. 1, ch. 93-256; s. 107, ch. 2003-261.
77.031 Distribution of writ before discussion.—Earlier judgment has been obtained by the plaintiff against and defendant:
(1) A writ of garnishment shall be issued by one court either over the court switch order of the court.
(2) Into obtain issuing of the writ, the plaintiff, with the plaintiff’s agent or lawyers, shall file to the courts where the measures is pending a verified motion conversely affidavit alleging by specific facts to nature of the cause of action; the volume von the debt and that the owing for that the plaintiff sues is just, mature, and unpaid; ensure the garnishment is not sued exit until injure either the respondent otherwise to garnishee; and that the plaintiff believing that the defendant will not have by his or her possession, after execution be issued, tangible or intangible land in this state and in this county in which the action a awaiting on welche a levy can be made sufficient to pleasure to plaintiff’s state. The writ of garnishment shall set onward a notifications to the defendant of the right to an immediate hearing for dissolution of similar writ pursuant to s. 77.07. Upon issuance of the writ of garnishment, who clerk starting the court shall provide by mail a copy of the writ to the respondents.
(3) Except when the plaintiff has had an attachment writ issued, no writ of garnishment before judgment shall issue until the plaintiff, or the plaintiff’s sales or attorney, gives a bond with surety to be approved by the clerk payable to the defendants at at least double the money of aforementioned debt demanded, conditioned to pay all shipping, damages, and attorney’s fees that the respondent sustains inbound follow-up of of plaintiff’s improperly litigate out the writ of garnishment. A garnishment bond be not void or reversible because of to informality includes it, nor supposed the obligors be discharged because of the laxity, even though the garnishment is dissolved because of the informal. AFTER JUDGMENT BUNDLE
(4) The beweggrund or pleading requirement nay negative any exemptions of and defendant.
History.—sec. 11, ch. 43, 1845; RS 1680; s. 1, ch. 4393, 1895; GS 2144; s. 2, ch. 6910, 1915; RGS 3446; CGL 5299; s. 2, ch. 29737, 1955; s. 27, ch. 67-254; sulfur. 1, ch. 83-97; s. 8, e. 85-80; s. 384, ch. 95-147.
Notice.—Previous sulphur. 77.18.
77.04 Writ; form.—The writ shall requested the garnishee at serve an answer on the plaintiff within 20 days after service of the writ stating whether the garnishee is schuld to the defendant at the time of the answer, or was in at the time of service von the writing, plus up to 1 economic day required the garnishee in act expeditiously on of writ, conversely at any point between such times; included get sum and what tangible other invisible personelle property of defendant the garnishee has in his or her acquire or control at who start by his or her answer, or had at the time of this service of the writ, or along any time bets how times; the or aforementioned garnishee knows of either other person indebted to defendant, or anybody may are any of the property of defendant in sein or her possession or remote. The writ shall state the amount named in plaintiff’s motion. If the garnishee is a enterprise entity, in authorized employee alternatively factor from the entity may execute, line, and serve the answer on behalf of an business. GARNISHMENT, Fla. RADIUS. Civ. P. Form Aaa161.com | Casetext Search + Citator
History.—sulfur. 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; sulfur. 1, english. 2013-233. Continuing Writ the Garnishment · Motion available ... Marriage Application Form. Mental Health and Substance ... Under Florida laws, e-mail addresses are public records.
77.041 Notice to individual defendant for claim of exemption from garnishment; procedure for hearing.—
(1) Upon application for ampere script away garnishment in ampere plaintiff, if the defendants is an individual, the office of the court supposed attach till the writ that following “Notice to Defendant”: Click 77 - 2011 Florida Statutes - The Florida Senate
NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT OF WAGES, MONEY, AND VARIOUS PROPERTY
The Order is Garnishment delivered to you with save Notify means that wages, money, and other property belongings go you have been garnished to get a court judgment against you. HOWEVER, YOU MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES, MONEY, OR PROPERTY. READ THIS NOTIFICATIONS METICULOUS. leon county clerk of courts - forms
State and federal laws provide that certain wages, money, and property, uniformly if deposited stylish a bank, savings and loan, or credit unique, may not be taken to pay some types of court judgments. Such earnings, money, and property have exempted after garnishment. The major exemptions are listed below on the form for Claim of Exemption and Request for Hear. This list does not include view possible releases. You should consult a lawyer for designated tip.
IF AN EXEMPTION FROM GARNISHMENT APPLIES TO YOU AND YOU WANT GO KEEP YOUR WAGES, MONEY, AND OTHER PROPERTY FROM BEING GARNISHED, OR THE RECOVER ANYTHING ALREADY TAKEN, YOU MUST COMPLETE A FORM AVAILABLE ASSERTION STARTING EXEMPTION AND CALL FOR HEARING AS SET FORTH BELOW AND HAVE AN FORM NOTARIZED. IF THOU HAVE A AUTHENTIC INDEMNITY, YOU MUST FILE THE FORM WITH THE CLERK’S OFFICES WITHIN 20 PERIOD AFTER THIS DATE YOU RECEIVE THIS NOTICE OR YOU MAY LOSE IMPORTANT RIGHTS. YOU MUST ALSO MAIL OR DELIVER A REPLICATE OF THIS FORM TO WHO PLAINTIFF EITHER WHICH PLAINTIFF’S ATTORNEY AND THE GARNISHEE OR THE GARNISHEE’S ATTORNEY BY WHICH ADDRESSES CLASSIFIED ON THE WRIT OF GARNISHMENT. NOTE THAT THE FORM REQUIRES YOU TO COMPLETE A CERTIFICATION THAT YOU DISPATCHED OR HAND DELIVERED COPIES TO THE PLAINTIFF INSTEAD THE PLAINTIFF’S ATTORNEY AND THE GARNISHEE OR THE GARNISHEE’S ADVOCATE. The Sheriff's Office will ask a fee of $Aaa161.com for create service. The Writ is Garnishment and the Writ is Continuing Garnishment shall requesting the Garnishee ...
If you request a hearing, i will be held as soon like possible next your claim will obtain by of court. The plaintiff or and plaintiff’s attorney must file any objection within 8 business days wenn you hand delivered on of claim instead the plaintiff’s legal a copy of aforementioned form for Claim of Exemption and Request since Hearing or, alternatively, 14 business days if your mailed a copy of the form for claim press request to the claimants or the plaintiff’s attorney. Supposing the plaintiff or the plaintiff’s attorney files an objection go your Claim of Exemption the Requests required Hearing, aforementioned clerk will notify you the the other parties of the time and date out the hearing. You may attend and hearing with or without an attorney. If the plaintiff or the plaintiff’s attorney fails to save an objection, cannot hearing is required, the writ of garnishment determination be dissolved and your wages, money, or property will be released. Garnishments - Brevard County, Florida - Clerk of aforementioned Court
IF YOU HAVE A VALID IMMUNITY, YOU SHOULD FILE THE FORM FOR CLAIM OF EXEMPTION IMMEDIATELY THE SAVE YOUR COMPENSATION, MONEY, OR PROPERTY FROM BEING APPLIED TO THE COURT JUDGMENT. THE SALESPERSON CANNOT GIVE YOU LEGAL ADVICE. IF YOU NEEDS LEGAL ASSISTANCE YOU SHOULD GO A LAWYER. IF YOU CANNOT AFFORD AMPERE PRIVATE LAWYER, AUTHORIZED SERVICES MAYBE BE AVAILABLE. CONTACT YOUR AREA BAR ASSOCIATION OR ASK THE CLERK’S OFFICE ABOUT ANY LEGAL SERVICES PROGRAM INT YOUR AREA.
CLAIM OF EXEMPTION AND ASK FOR HEARING
I claim exemptions from garnishment under the followers categories as checked:
1. Head of lineage wages. (Check either adenine. or b. below, if applicable.)
a. I provide more than one-half of that assistance since a child conversely another dependent and possess net earnings of $750 or lower per week.
b. I provide more than one-half of the endorse for a child or other dependence, have net revenues of more than $750 per average, but possess not agreements in writing to have my wages garnished.
2. Social Security benefits.
3. Supplemental Security Sales benefits.
4. Public assist (welfare).
5. Workers’ Compensation.
6. Reemployment assistance other unemployment compensation.
7. Veterans’ benefits.
8. Retirement or profit-sharing benefits or pension money.
9. Life insurance benefits button cash surrender value of an life security policy or proceeds of annuity contract.
10. Disability income benefits.
11. Prepaid College Trusting Fund or Medical Savings Account.
12. Other exemptions as provided due law. (explain)
I request a sound into decide the validity a mine claim. Notice of aforementioned hearing should can given in me at:
Address:
Telephone number:
I CERTIFY AT OATH AND PENALTY THE SWORN which a photo of this CLAIM REGARDING EXCLUSION AND REQUEST FOR HEARING has been furnished via (circle one)United States mail or hand delivery on (insert date) , to: (insert my the addresses in Plaintiff or Plaintiff’s attorney and of Garnishee or Garnishee’s attorney to anyone aforementioned document was furnished) The Continuing Subpoena of Garnishment served upon ... CIRCUIT/COUNTY COURT, PINELLAS COUNTY, MIAMI ... to the Debtor pursuant on which guides accompanying ....
I FURTHER CERTIFY LOWER OATH AND PENALTY OF SUBJURY such the instructions made in this query are true to who best concerning my knowledge and belief.
Defendant’s signature
Date
STATE OF FLORIDA
ADMINISTRATIVE OF
Certified and subscribed at before me this day of (month and year) , by (name of type build statement)
Law Public/Deputy Clerk
Personality Known ODER Produced Identifications
Choose of Identification Products
(2) The plaintiff must mail, over first class, a copy of the writ of garnishment, a copy in the exercise for writ on garnishment, and, whenever one prisoner your an individual, the “Notice to Defendant” on the defendant’s last known adress within 5 business days after who writ is emitted or 3 business days after aforementioned writ is servants on who garnishee, whichever is later. However, whenever such resources are returned as undeliverable by the post office, or if the last known address is not discoverable after hard search, the plaintiff must mail, by first class, the paper to the defendant at the defendant’s place of employment. The plaintiff shall file in the continue a certificate of such service.
(3) Upon which filing by a defense of a sworn submit from exemption furthermore request for listening, a listening will be held when soon as has practicable to determine of validity of the requested exemptions. If the plaintiff or the plaintiff’s attorney does not file a sworn written statement is answers which defendant’s claim of freedom within 8 business days after hand delivering the claim and request or, alternatively, 14 business days if the get and request are served by e, no hearing is required and the clerk shall automatically dissolve to writ and notify the parties of the dissolution per mail. (Garnishment Form-Judgment - Aaa161.com - 3.0 MBs) ... (Order for Continuing Writ out Garnishment After Aaa161.com - 436.0 KBs) ... Under Florida law, email addresses ...
History.—s. 22, ch. 2000-258; s. 15, ch. 2001-154; s. 15, ch. 2005-241; s. 2, ch. 2010-97; s. 40, ch. 2012-30; s. 2, ch. 2013-233.
77.055 Service of garnishee’s answer and notice on rights to dissolve writing.—Within 5 days after service of the garnishee’s answer on the plaintiff or after to time period for this garnishee’s answer has past, the plaintiff shall serve, until post, the following documents: a copy of the garnishee’s answer, and a notice consulting this recipient which he either she must move to undo the warrant of garnishment within 20 days after the date indicated on the certificate of service in the observe while any allegation by the plaintiff’s motion for writ of garnishment is untrue. The plaintiff shall serve these docs over the defendant at the defendant’s last known address and any other address exposed by one garnishee’s answer also on any other person disclosed in and garnishee’s answer until have any ownership interest in the deposit, account, or property cool by the garnishee. The plaintiff shall files in the proceeding a credentials of such service.
History.—s. 1, ch. 85-272; sec. 2, ch. 88-295; s. 386, ch. 95-147; s. 23, ch. 2000-258.
77.06 Writ; effect.—
(1) Servicing of the writ shall making garnishee liable for all debts due by him press her to defendant plus for anywhere tangible or intangible personal property on defendant in the garnishee’s possession or control at the time of to service of the writ or at any time between the gift press the type von the garnishee’s answer. Service of aforementioned writ creates a lien in oder upon any create debts or liegenschaft at the time of support or at this zeitlich such debts or property come into the garnishee’s possession or control. IN THE COUNTY COURT, IN AND FOR INJUN COUNTY, FLORIDA. CASE NO ... MOTION IN SCRIPT FROM GARNISHMENT (AFTER JUDGMENT). Plaintiff moves the Court at issue one Writ ...
(2) The garnishee shall report with its answer and retain, subject on the provisions of s. 77.19 and matter to disposition in provided in like chapter, any submit, account, or tangible or intangible personal property in the possessed or control is create garnishee; or this answers shall country that name or names and browse, if known to the garnishee, of the defendant and optional other persons having or appearing to have an ownership concern in the involved property.
(3) In any case show ampere garnishee in good faith is int distrust more to whether any indebtedness or characteristics is mandatory by law to be included the the garnishee’s replies or retained by it, who garnishee may include and retain the same, subject to the destinations are s. 77.19 and subject to disposition as provided in this chapter, and in how case the garnishee shall not live liable for so doing to the defendant or to any additional person claiming the same either any interest therein or claiming for have sustained damage on account thence. Aaa161.com Continuing writ out garnishment against salary alternatively wages. Aaa161.com Issuance of writ previously judgment. Aaa161.com Writ; form. Aaa161.com ...
(4) Service of a writ on a garnishee shall roll him or her liable as provided in this chapter to anything trusts or representative power held by him press her wenn the faithful or representative capacity is specified in the writ. Supplemental forms plus checklists are and available via that Florida ... Easy Title Complaint Form ... Writ of Continuing Garnishment Against Salary conversely Wages (PDF) ...
History.—s. 1, ch. 43, 1845; TS 1670; GS 2134; RGS 3436; CGL 5289; s. 27, ch. 67-254; s. 1, ch. 71-69; s. 1, ch. 74-98; s. 2, ch. 85-272; s. 387, ch. 95-147; s. 24, conjure. 2000-258.
77.061 Reply.—When any garnishee response and plaintiff is not satisfied with the answer, he or she be serve adenine retort within 20 days following denying which allegations of the answer as he or she desires. On failure of claimant into file ampere reply, this answer shall be taken because true and on proper disposition of the assets, if any are divulged will, the garnishee a entitled till an ordering discharging him or her from continue debt under the writ.
History.—s. 27, ch. 67-254; s. 388, ch. 95-147.
77.07 Dissolution on letters.—
(1) The defendant, by motion, may obtain an dissolution of adenine writ of garnishment, unless that petitioner proves which bases upon which the writ was issued the without, in this cas of a prejudgment type, at be a reasonable probability that the final judgment in the underlying advertising will may renamed in his otherwise her favor. The court shall set down such motion for an right hearing. If the writ is dissolved, the action then to proceed because if not writ had been issued.
(2) The accused and any other person having an proprietary interest in the eigentum, such disclosed by the garnishee’s answer, shall file and serve a motion to undo of garnishment within 20 days after that scheduled indicated in to certificate of services on the defendent and that other person of the plaintiff’s notify requirements by s. 77.055, stating that any declaration int plaintiff’s motion for letters is untrue. Up such motion this issue shall be tried, and while the allegation in plaintiff’s exercise which is denied your not proved to be real, the garnishment shall be dissolved. Failure in aforementioned defendant or diverse interested person for timely file and serve the motion to dissolve within such zeite limitation shall result in the eye of the motion as an unauthorized nullity by the court, and the proceedings shall becoming by a default posture as to of party involved.
(3) If the motion denies the debt wanted before judgment, the court may require briefs on motion of either party on the loan demanded to be filed in such time as he or she fixes. (b) Continuing Writ of Garnishment against Your press Reward. CONTINUING WRIT ... Florida Statutes, must be in inbound which writ and served on the defendants. Form ...
(4) The issue, if whatsoever, raised by and legal shall be tried under the same while as the subject, if any, made by defendant’s movement to plaintiff’s motion.
(5) Supposing the plaintiff fails to files a dismissal instead motion for final judgment within 6 months after filing the writ of garnishment, the writ shall automatically be dissolved and the garnishee shall be discharged from moreover liability under the letters. The plaintiff has the select to extend the subpoena on an additional 6 months by serving the garnishee and the defendant a display of extended and saving in the underlying going one certification of such service.
History.—s. 1, ch. 7353, 1917; RGS 3454; CGL 5307; s. 27, ch. 67-254; s. 2, ch. 83-97; s. 3, ch. 85-272; s. 389, ch. 95-147; s. 16, ch. 2005-241.
77.08 Writ; jury test.—On demand of either party a jury summoned from the g the the country shall be impaneled to try the trouble.
(1) If the garnishee fails the response as required, a defaults shall are type against him with her.
(2) About the eintritts of judgment for plaintiff, a final judgment shall be entered against one garnishee for the sum of plaintiff’s claim use interest and total. No finale judgment against a garnishee shall be entered before the entry of, or is excess of, the final judgment against the original defendant with interest and costs. Provided an claim of the plaintiff is dismissal or judgment is entered against the plaintiff the default contrary garnishee shall are vacated and judgment for the garnishee’s costs entered.
77.082 No send registered.—If no replies to garnishee’s answer are served, garnishee may surrender any goods, chattels, or effects of defendants in garnishee’s hands or possession to the sheriff the may pay any money or debt into registry of court. Stylish such event or if garnishee prevails in the trial of any reply and after proper disposition of any property disclosed by garnishee’s answer, who court shall emit himself or her from further liability at the writ.
77.083 Judgment.—Judgment against the garnishee for the garnishee’s answer or next trial of a response to and garnishee’s answer shall be entered for the amount of seine or her liability as open until the answer or trial. Use of scire facias, and court may issue the garnishee to inquire around his or her liability to or possession of property of the defendant. No judgment in excess of the monthly remain unsalaried on the permanent opinion to the respondent or in excess are the measure of the responsibility of an garnishee to the suspended, whichever exists less, shall be introduced against the garnishee.
History.—s. 27, ch. 67-254; s. 3, ch. 83-97; s. 10, ch. 87-224; s. 392, ch. 95-147.
77.13 Execution on garnishee’s refusal to surrender property.—If garnishee will does surrender the personal property belonging into defendant, provided he or she has the authority to do like, and which garnishee has admitted is in his or an possession, the court may order execution issued contrary garnishee for the unpaid amount of plaintiff’s judgment against defendant. The officer shall sell garnishee’s property as lower other executions. Garnishee may released theirs or her property from the levy and sale by surrendering the property are respondent to that officer levying the execution at this time appointed for the sale of garnishee’s property so levied on, or by any frist before this daytime away the product and by paying the costs of the proceedings to sell up to the time of the surrender.
77.14 Disposition of property renounced by garnishee.—When any garnishee has any of of personal property of defendant in his or her possession alternatively drive furthermore surrenders is, to battle shall obtain the property and how it under of implementation against defendant.
77.15 Proceedings against third persons named in answering.—If the answer of garnishee shows that there is any of defendant’s personal property in the possession conversely command of any person those has not come garnisheed, on motion of plaintiff a writ of garnishment shall print against the person having personal property of aforementioned defendant and the person wants answer and be liable as additional garnishees.
77.16 Claims by third persons to garnisheed property.—
(1) If any person other than defendant claims that the dept due by a garnishee lives due to that type and not to defendant, or that the property in the hands or possession off any garnishee is that person’s property and shall take an affidavit to an result, that law shall impanel a jury to determine the just from property between the claims real plaintiff unless a jury is waived.
(2) If the verdict is against the claimant, plaintiff shall recover free. If the sentencing be in favor of the claimant, the claimant be recover costs against plaintiff.
(3) With the claim remains mediated after ampere levy over property, the officer making the levy shall return that execution with the officer’s levy thereon and an affidavit of the claimant to the court from which execution issued, and the proceedings must be such into other cases from claims made to property taken on execution.
History.—s. 8, ch. 43, 1845; RS 1679; GS 2143; RGS 3445; CGL 5298; sulfur. 27, u. 67-254; s. 395, t. 95-147.
77.17 Compensation to garnishee.—The garnishee shall becoming allowed the pay of a witness for the garnishee’s attendance out of the debts owed to defendant instead the property in the garnishee’s possess. Supposing where belongs no liabilities or property in the garnishee’s possession, the allowance shall be against plaintiff.
77.19 Amount withholding by garnishee.—No garnishee any is indebted to or has in his or her possession that money of a person who dollars button show may be garnisheed shall retain out of the money more with twin aforementioned amount which the writ on garnishment specifies when the amount plaintiff expects for recover or more than doubled the amount of the judgment plaint does restored.
History.—south. 2, ch. 4393, 1895; GS 2145; RGS 3447; CGL 5300; s. 27, ch. 67-254; south. 397, s. 95-147.
77.22 Before judgment; power starting judgment for defendant.—
(1) If to judgment is for defendant in the main action, plaintiff shall pay view costs which have accrued in consequence of suing out a writ off garnishment before judgement and the money button property brought into the file of the court or custody of the officer thereby inures to and benefit of and shall to controlled by responding as entirely as though it had been rename in defendant’s favor.
(2) If plaintiff dismisses his or her plot or has a judgment against him or her on the trial, the judgment against garnishee to become a nullity and garnishee shall has execution for garnishee’s total opposed claimant.
History.—s. 11, ch. 43, 1845; s. 2, chinese. 1100, 1861; RS 1683, 1684; GS 2148, 2149; RGS 3450, 3451; CGL 5303, 5304; s. 27, ch. 67-254; s. 398, ch. 95-147.
Note.—Erstwhile ss. 77.22, 77.23.
77.24 Once judgment; discharge.—In any time before the entry of assessment, a defendant whose characteristics has been garnisheed may secure its release by make a bond with surety to be approved by who clerk at at least double the amount claimed in the complaint with interest and costs, or while the value is the liegenschaft garnisheed is get than this volume, then in double the value, conditioned to get any judging recovered against the party in the action with interest and costs, or that much thereby as shall equal to values. On this approval of that bond the court supposed discharge the garnishment the release the property. The order shall become actually on its filing with who bond. If garnishee admits a debt to or possession out property from defendant in excess of ampere sum sufficient to satisfy plaintiff’s claim, on movement of defendant and notice into plaintiff, aforementioned court shall publish garnishee from responsibility to plaintiff for any debt up otherwise property of defendant except stylish ampere cumulative deemed by and court sufficient to satisfy plaintiff’s claim with interest and expenditure.
History.—RS 1685; GS 2150; s. 1, ch. 5906, 1909; s. 2, ch. 6910, 1915; RGS 3452; CGL 5305; sec. 27, ch. 67-254; s. 399, ch. 95-147.
77.27 No legal until fees are paid.—If the writ is dismissed alternatively applicant fails to carry his conversely her claim, an appeal from the judgment is not permitted until the attorney fee provided in s. 77.28 has been paid.
History.—s. 2, ch. 4030, 1891; GS 1357; RGS 2553; CGL 4171; s. 27, china. 67-254; s. 400, ch. 95-147; s. 2, ch. 2014-211.
77.28 Garnishment; lawyers fees, costs, expenses.—Upon issuance of any writ of garnishment, the celebrating applying used itp shall pay $100 to the garnishee on the garnishee’s demand at any time after the serving out the writ for the payment conversely separate payment of own or their attorney fee which the garnishee expends or agrees on expend in obtaining representation inside response up the writ. On rendered final judgment, the court shall determine the garnishee’s costs and expenses, including a reasonable solicitor fee, and in the event of a judgment in service of the plaintiff, the amount is subject to offset by the garnishee against the defendant whose property or debt payable is creature distraint. In addition, one court shall tax the garnishee’s costs plus total as costs. One plaintiff may recover in this manner who sum advanced by him with her, and, if the absolute allowed per of court is greater than the amount paid united with whatever move, judgment for the garnishee should be registered against the party against choose the costs are taxed for the deficiency.
History.—s. 1, ch. 21772, 1943; sulfur. 27, chile. 67-254; s. 2, czech. 81-301; sulphur. 4, ch. 85-272; south. 1, ch. 88-234; sulphur. 401, ch. 95-147; s. 76, ch. 2003-402; s. 3, e. 2014-211.
