If you’ve been served with a writ of garnishment in Florida, the Answer of Garnishee is the form you file to tell the court and the plaintiff what, if anything, you hold that belongs to the defendant. The Florida answer to garnishment form must be served on the plaintiff within 20 days of being served with the writ, and it must disclose any money you owe the defendant, any defendant property in your possession, and anyone else you know of holding the defendant’s assets. Get it wrong or ignore it, and the court can enter a judgment against you for the full amount of the plaintiff’s claim.
The 20-Day Deadline
Florida Statute § 77.04 gives you 20 days from the date the writ is served to serve your answer on the plaintiff.1Florida Legislature. Florida Code 77.04 – Writ; Form The clock starts when the sheriff or process server hands over the writ, not when the document reaches your desk. If a business is the garnishee, an authorized employee or agent can sign, file, and serve the answer on the entity’s behalf.
The answer goes to the plaintiff (or the plaintiff’s attorney), not to the court directly. Florida’s mandatory e-filing system handles both at once: submitting through the Florida Courts E-Filing Portal files the answer with the court and serves it on the plaintiff electronically. If you aren’t required to e-file, mail or hand delivery to the plaintiff’s attorney at the address on the writ also works. Miss the 20 days and you are in default.
What the Answer Must Disclose
The writ itself identifies the three questions your answer must address under § 77.04:
- Whether you owe the defendant money. Report what you owed at the moment of service, what you owe when you prepare the answer, and anything that came due in between. For employers, that means wages earned but not yet paid. For banks, that means account balances.
- What defendant property you hold. Identify any tangible or intangible personal property in your possession or control, with its value.
- Whether you know of anyone else holding the defendant’s money or property. If you do, include that person’s name and contact information.
You also need to list the names and addresses of the defendant and anyone else who appears to have an ownership interest in the property you’re holding.2Florida Legislature. Florida Code 77.06 – Writ; Effect A joint bank account with a spouse, for example, means the spouse’s name and address go in the answer.
There is no single statewide form number. Individual circuit courts publish their own versions, usually titled “Answer of Garnishee.” Check your local clerk’s website for the version used in your jurisdiction. Some circuits bundle the answer with a garnishment accounting sheet for wage cases.
Calculating the Amount for Employers
If you’re an employer, the amount you can withhold is limited by both federal and Florida law. Florida’s protections run well past the federal floor, and in many cases eliminate wage garnishment entirely.
Federal CCPA Limits
The federal Consumer Credit Protection Act caps garnishment for consumer debts at the lesser of 25 percent of disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage ($7.25 per hour, so $217.50 per week). Disposable earnings means gross pay minus legally required deductions: federal and state taxes, Social Security, and Medicare. Voluntary deductions like health insurance premiums, 401(k) contributions, and union dues do not reduce disposable earnings for this calculation.
Florida’s Head of Family Exemption
Florida Statute § 222.11 defines a head of family as anyone providing more than half the support for a child or other dependent. If the defendant qualifies and earns $750 or less per week in disposable earnings, 100 percent of those earnings are exempt from garnishment.3Florida Legislature. Florida Code 222.11 – Exemption of Wages From Garnishment Above $750 per week, head-of-family earnings still cannot be garnished unless the defendant previously waived the protection in writing, and even then the garnishment can’t exceed the federal CCPA cap.
For employees who are not heads of family, the federal CCPA limits apply straight through: no more than 25 percent of disposable earnings or the amount above $217.50 per week, whichever is less.3Florida Legislature. Florida Code 222.11 – Exemption of Wages From Garnishment
Your answer should spell out the defendant’s pay period frequency, gross earnings, required deductions, disposable earnings, and the amount subject to garnishment. If you believe the defendant qualifies as head of family, note it in the answer. Claiming the exemption formally is still the defendant’s burden.
What Financial Institutions Must Report
If you’re a bank or credit union, report the total balance of every account in the defendant’s name as of the time the writ was served, plus up to one business day after. Joint accounts are included, with co-owner names and addresses.
Automatic Protection for Federal Benefits
Before freezing anything, 31 CFR Part 212 requires the financial institution to run an automatic account review. The bank looks back at the two-month period before the review date and totals the federal benefit payments deposited by direct deposit during that window.4eCFR. Garnishment of Accounts Containing Federal Benefit Payments The lesser of that total or the current balance is protected, and the account holder keeps full access without filing any claim.
Protected federal benefits include Social Security, Supplemental Security Income, Veterans Affairs benefits, federal railroad retirement benefits, Civil Service Retirement, and Federal Employees Retirement payments.4eCFR. Garnishment of Accounts Containing Federal Benefit Payments Only funds above the protected amount can be frozen, and the bank cannot charge a garnishment fee against the protected amount.
Deposited Earnings
Florida extends its wage protection into bank accounts. Under § 222.11, head-of-family earnings deposited into a bank account stay exempt for six months after the deposit, as long as the funds can be traced and identified as earnings.3Florida Legislature. Florida Code 222.11 – Exemption of Wages From Garnishment Mixing exempt earnings with other deposits doesn’t automatically destroy the exemption, but it makes tracing harder.
Hold the Funds Until the Court Says Otherwise
The moment the writ is served, you become liable for all debts owed to the defendant and all defendant property in your possession. Section § 77.06 creates a lien on those assets effective from the time of service.2Florida Legislature. Florida Code 77.06 – Writ; Effect Hold them. Do not release funds or property to either the defendant or the plaintiff until the court orders you to do so.
If you’re uncertain whether a particular debt or item should be in your answer, § 77.06 gives you a safe harbor. Include it and retain it. A garnishee who acts in good faith and includes questionable items is not liable to the defendant or anyone else for holding them.2Florida Legislature. Florida Code 77.06 – Writ; Effect When in doubt, over-disclose.
Demand Your $100 Attorney Fee
Florida Statute § 77.28 entitles the garnishee to demand $100 from the plaintiff toward attorney fees incurred in responding to the writ. The payment is available on demand at any time after service.5Florida Legislature. Florida Code 77.28 – Garnishment; Attorney Fees, Costs, Expenses If you hire counsel to prepare the answer, request the reimbursement from the plaintiff’s attorney promptly.
What Happens After You File
Once the plaintiff receives your answer, the next steps are theirs, not yours. Under § 77.055, the plaintiff must mail the defendant a copy of your answer, along with a notice of the right to dissolve the writ, within five days of receiving your answer or after the 20-day answer period expires, whichever comes first.6Florida Legislature. Florida Code 77.055 – Service of Garnishee’s Answer and Notice of Right to Dissolve Writ The plaintiff must also serve anyone your answer identified as having an ownership interest. You don’t need to notify the defendant.
The defendant then has 20 days to file a Claim of Exemption and Request for Hearing. Section § 77.041 lists exempt fund categories, including head-of-family wages, Social Security, SSI, public assistance, workers’ compensation, unemployment compensation, veterans’ benefits, retirement and pension money, life insurance proceeds, disability income, and prepaid college trust funds.7Florida Legislature. Florida Code 77.041 – Exemption Claim Procedure If the plaintiff doesn’t object, the writ is dissolved and you release the funds. If the plaintiff objects, a hearing follows.
There is also a built-in expiration. If the plaintiff fails to file a dismissal or motion for final judgment within six months after filing the writ, the writ automatically dissolves and you are discharged from further liability. The plaintiff can extend by six months with proper notice to both you and the defendant.8Florida Legislature. Florida Code 77.07 – Dissolution of Writ
Continuing Writs for Ongoing Wage Garnishment
A single answer covers what you held at or around the time of service. For wages, Florida uses a continuing writ. Under § 77.0305, when wages are being garnished to satisfy a judgment, the court issues a continuing writ to the employer requiring periodic withholding from the defendant’s pay as it becomes due, until the judgment is satisfied or the court orders otherwise.9Florida Legislature. Florida Code 77.0305 – Continuing Writ of Garnishment Against Salary or Wages Government employers are not exempt; the statute explicitly waives sovereign immunity for this purpose.
Employers can collect up to $5 from the defendant’s wages to cover administrative costs for the first deduction, and up to $2 for each deduction after that.9Florida Legislature. Florida Code 77.0305 – Continuing Writ of Garnishment Against Salary or Wages
If the Defendant Files Bankruptcy
A bankruptcy filing by the defendant triggers the federal automatic stay under 11 U.S.C. § 362, which immediately halts all garnishment activity. Once you receive notice of the filing, stop withholding wages or freezing accounts and consult the plaintiff’s attorney about next steps. Continuing to withhold after notice can violate the stay and expose you to sanctions. Child support and alimony withholdings are generally not affected by the stay unless the bankruptcy order specifically directs otherwise.
What Happens If You Don’t Answer
This is where garnishees get into serious trouble. Under § 77.081, if you fail to answer the writ, the court enters a default against you. Once the plaintiff gets a final judgment against the original defendant, the court then enters a final judgment against you for the full amount of the plaintiff’s claim, plus interest and costs.10Florida Legislature. Florida Code 77.081 – Default; Judgment The judgment against you cannot exceed the judgment against the defendant, but it can equal it, even if you held none of the defendant’s money. The default is vacated only if the plaintiff’s claim is dismissed or the plaintiff loses. Ignoring a writ of garnishment can turn someone else’s debt into yours.