Garnishment Proceedings in Florida
A garnishment proceeding is a post-judgment collection action under Chapter 77, Florida Statutes. It is a separate legal proceeding with its own timeline, service requirements, and hearings.
Steps in the Proceeding
- 1. Creditor files motion with affidavit and a court-set bond
- 2. Court issues writ of garnishment
- 3. Writ served on garnishee (employer or bank)
- 4. Garnishee freezes/withholds debtor's funds
- 5. Garnishee files answer within 20 days
- 6. Debtor served with notice and exemption form
- 7. Debtor has 20 days to claim exemptions
- 8. Hearing if exemptions are contested
- 9-10. Court orders turnover; garnishee remits funds
How to Stop Garnishment
- Claim valid exemptions within the 20-day deadline
- File for bankruptcy (automatic stay)
- Pay the judgment in full
- Negotiate payment plan with the creditor
- Challenge procedural errors in the writ
Related Terms
- Exempt Property — Exemptions from garnishment
- Encumbrance — Judgment liens
- Equity — Property equity at risk
Barnes Walker Litigation
Barnes Walker's attorneys prosecute garnishment proceedings for creditors and defend debtors' exemption rights in Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC