To file a writ of garnishment in Florida, you file a Motion for Writ of Garnishment and a proposed writ using Form 1.907 in the same case where your final judgment was entered, submit them through the Florida Courts E-Filing Portal, pay the $85 garnishment fee and the $100 garnishee attorney fee, and then arrange service of the issued writ on the garnishee. The process is governed by Chapter 77 of the Florida Statutes and works only after you already hold an unpaid money judgment.
What to Gather Before You File
Two documents go to the clerk: a Motion for Writ of Garnishment and a proposed Writ of Garnishment tracking Form 1.907 of the Florida Rules of Civil Procedure.1Florida Courts. Florida Rules of Civil Procedure The motion states the date the final judgment was signed and the exact balance still owed, including post-judgment interest accrued to the filing date. Florida’s post-judgment interest rate is set quarterly and adjusts on January 1 each year for existing judgments; the rate printed on your judgment is the starting point for the calculation.2The Florida Legislature. Florida Code 55.03 – Judgments Rate of Interest Generally
You also need the garnishee’s exact legal name and address. This is where most filings stumble. Banks reject writs served on a trade name when the actual legal entity is different: “Chase” won’t work when the registered name is “JPMorgan Chase Bank, National Association.” Look up the correct name in the Florida Division of Corporations database at Sunbiz.org, which lists each entity’s registered agent and official name.3Sunbiz.org. Search for Corporations, Limited Liability Companies For national banks, corporate filings or the FDIC’s BankFind tool are more reliable than the local branch name.
Form 1.907(a) is the standard writ for a one-time freeze, typically used for bank accounts. It commands the sheriff to summon the garnishee and requires the garnishee to answer within 20 days, stating whether it holds any debts owed to or property belonging to the defendant.1Florida Courts. Florida Rules of Civil Procedure For wages, use Form 1.907(b) — the continuing writ — described further below.
Fees You’ll Pay
The clerk charges up to $85 as a garnishment-specific filing fee.4Florida Senate. Florida Code 28.241 – Filing Fees for Trial and Appellate Proceedings This is separate from any civil filing fee you paid to start the original lawsuit; it covers the garnishment proceeding itself.
You also owe the garnishee $100 for attorney fees under Section 77.28. The statute makes this payable to the garnishee on demand at any time after service of the writ, rather than requiring an upfront deposit with the court registry.5The Florida Legislature. Florida Code 77.28 – Garnishment Attorney Fees Costs Expenses Some clerks still collect the $100 at filing. Budget for it either way. These costs are generally recoverable as part of the judgment balance.
On top of that, expect service-of-process costs. Sheriff’s fees and private process server rates vary by county.
Filing Through the E-Filing Portal
Florida requires electronic filing for garnishment documents. Submit the motion, the proposed writ, and the Notice to Defendant through the Florida Courts E-Filing Portal. The clerk signs and seals the writ, charges the $85 fee through the portal, and returns the issued writ to your email.6Clerk of the Circuit Court and Comptroller, Palm Beach County. E-Filing for Attorneys A continuing writ against wages must be routed to the judge for signature rather than processed by the clerk alone.
File under the same case number as the original lawsuit. Garnishment is a supplementary proceeding inside that case, not a new filing.
Serving the Writ on the Garnishee
Once the writ is issued and sealed, you are responsible for service. Deliver it to a certified process server or the local sheriff’s office for formal service on the garnishee. Service is what triggers the freeze: the moment the garnishee is served, it becomes liable for all debts owed to the defendant and any property of the defendant in its possession, and a lien attaches to those assets.7The Florida Legislature. Florida Code 77.06 – Effect of Writ
There is a ceiling on what the garnishee can hold. Under Section 77.19, the garnishee cannot retain more than double the amount specified in the writ.8The Florida Legislature. Florida Code 77.19 – Garnishee Not to Retain Excess A $10,000 writ caps the freeze at $20,000. File proof of service with the court promptly; several deadlines start running the moment the writ is served.
Notifying the Judgment Debtor
After the writ is served on the garnishee, you must notify the debtor. Section 77.041 requires first-class mail delivery of a copy of the writ, a copy of the motion, and, if the debtor is an individual, a Notice to Defendant explaining their exemption rights. The clerk attaches the Notice to Defendant to the writ at issuance, so you do not draft it.9The Florida Legislature. Florida Code 77.041 – Notice to Individual Defendant for Claim of Exemption From Garnishment Procedure for Hearing
The mailing deadline is the later of five business days after the writ is issued or three business days after the writ is served on the garnishee. Mail to the debtor’s last known address. If the mailing comes back undeliverable, re-mail to the debtor’s place of employment. After mailing, file a certificate of service with the court. Missing this deadline or skipping the certificate can dissolve the writ.
The Garnishee’s Answer and Final Judgment
The garnishee has 20 days after service to file a written answer with the court and serve a copy on you. The answer discloses whether the garnishee holds any of the debtor’s money or property, how much, and whether anyone else has a competing claim. Within five days of receiving the answer, you must mail a copy to the debtor along with a notice of their right to move to dissolve the writ within 20 days.10The Florida Legislature. Florida Code 77.055 – Service of Garnishees Answer and Notice of Right to Dissolve Writ
If the answer shows the garnishee holds the debtor’s funds and no one contests it, move for final judgment. The court enters judgment for the lesser of the amount the garnishee owes the debtor or the remaining unpaid balance on your judgment, plus interest and costs.11The Florida Legislature. Florida Code 77.083 – Judgment If the answer is unsatisfactory — for example, the bank claims it holds nothing when you have reason to believe otherwise — you have 20 days to file a reply challenging it. Failing to reply means the court treats the answer as true and discharges the garnishee.
One deadline catches creditors off guard: you must file a motion for final judgment or a dismissal within six months after the writ was filed, or the writ automatically dissolves. You can extend this by six months with a written notice served on both the garnishee and the debtor, but only once.12The Florida Legislature. Florida Code 77.07 – Dissolution of Writ
Continuing Writs for Wage Garnishment
A standard writ is a one-time snapshot: it captures whatever the garnishee holds at the time of service and answer. For bank accounts, that usually works. For wages, it rarely satisfies the full judgment. Section 77.0305 authorizes a continuing writ of garnishment directed to the debtor’s employer, requiring periodic withholding from each paycheck until the judgment is paid in full or the court orders otherwise.13The Florida Legislature. Florida Code 77.0305 – Continuing Writ of Garnishment Against Salary or Wages
The continuing writ uses Form 1.907(b). It requires the employer to report the debtor’s pay schedule and earnings, then withhold the garnishable portion each period consistent with federal Consumer Credit Protection Act limits. The filing fee is the same $85.
Exemptions the Debtor Can Claim
Not every dollar in a debtor’s account or paycheck is reachable. After receiving notice, the debtor has 20 days to file a sworn, notarized Claim of Exemption and Request for Hearing. The exemption categories listed in the Section 77.041 form are:
- Head-of-household wages
- Social Security and SSI benefits
- Veterans’ benefits
- Public assistance
- Workers’ compensation
- Unemployment compensation
- Retirement, pension, or profit-sharing benefits
- Disability income benefits
- Life insurance benefits or the cash surrender value of a policy
- Prepaid college trust funds and medical savings accounts
The head-of-household exemption under Section 222.11 is broader than many creditors expect. A “head of family” is anyone providing more than half the support for a child or other dependent, without any requirement of marriage or a particular household structure. If that person earns $750 or less per week in disposable income, all earnings are fully exempt; above $750, the exemption still applies unless the debtor previously signed a written waiver meeting specific statutory requirements. Earnings deposited into a bank account remain exempt for six months after the deposit as long as they can be traced back to exempt wages.14The Florida Legislature. Florida Code 222.11 – Exemption of Wages From Garnishment
Once the debtor files a sworn exemption claim, you have eight business days (if served by hand) or 14 business days (if served by mail) to file a sworn written response contesting it. If you do not respond within that window, the clerk dissolves the writ automatically and notifies both parties. No hearing is needed. If you do contest, the court sets a hearing as soon as practicable.9The Florida Legislature. Florida Code 77.041 – Notice to Individual Defendant for Claim of Exemption From Garnishment Procedure for Hearing
Federal Limits on Wage Garnishment
Even when the debtor is not head of household, federal law caps the reachable portion of a paycheck. Under Title III of the Consumer Credit Protection Act, the garnishable amount for ordinary debts is limited to the lesser of:
- 25 percent of the employee’s disposable earnings for that pay period, or
- The amount by which disposable earnings exceed 30 times the federal minimum wage. At $7.25 per hour, that floor is $217.50 per week.
If the debtor’s weekly disposable earnings are $217.50 or less, nothing can be garnished.15U.S. Department of Labor. Fact Sheet #30 – Wage Garnishment Protections of the Consumer Credit Protection Act “Disposable earnings” is what remains after legally required deductions such as federal and state taxes, Social Security, and Medicare. Voluntary deductions like health insurance premiums do not count. For pay periods longer than one week, the weekly limits scale accordingly.
Deadlines That Can Kill the Writ
Missing a single deadline can dissolve the writ and force you to start over. The critical ones:
- Mail notice to debtor: the later of 5 business days after the writ is issued or 3 business days after service on the garnishee.
- Garnishee’s answer: 20 days after service of the writ.
- Serve the garnishee’s answer on the debtor: 5 days after you receive it.
- Debtor’s exemption claim: 20 days after receiving notice.
- Your response to an exemption claim: 8 business days (hand delivery) or 14 business days (mail). Miss it and the writ dissolves automatically.
- Reply to a disputed garnishee answer: 20 days. Miss it and the answer stands as true.
- Motion for final judgment: within 6 months of filing the writ, extendable once by 6 months with proper notice.
If the Debtor Files for Bankruptcy
A bankruptcy filing by the debtor triggers an automatic stay that halts all collection activity, including an active garnishment. Ongoing wage withholding must stop immediately, and frozen bank funds cannot be turned over while the stay is in effect. The stay takes effect the moment the petition is filed; no separate court order is required. After the bankruptcy case concludes, collection can resume only for debts that were not discharged. Violating the automatic stay carries the risk of sanctions, so if you learn the debtor has filed, stop all garnishment activity and consult with an attorney before doing anything further.