What Is a Writ of Garnishment?
A writ of garnishment is a court order used to collect a judgment by reaching money or property of the debtor that is held by a third party — such as a bank holding the debtor's account or an employer who owes wages. The third party (the "garnishee") is directed to turn over the debtor's funds to satisfy the judgment.
How Garnishment Works in Florida
Garnishment is governed by Chapter 77, Florida Statutes. After obtaining a judgment, the creditor seeks a writ directing the garnishee to hold and report the debtor's funds. The debtor and garnishee receive notice and a chance to claim exemptions. Common targets are bank accounts and, where permitted, wages.
Important Florida Exemptions
- The wages of a "head of family" are strongly protected from garnishment under Florida law
- Certain funds — such as Social Security and many retirement benefits — are exempt
- The debtor can file a claim of exemption to protect qualifying funds
Because of these protections, garnishment in Florida requires care to identify non-exempt assets.
Related Terms
- Judgment — The debt garnishment collects
- Writ of Execution — A related judgment-enforcement tool
- Homestead Protection — Another Florida exemption
Barnes Walker
Barnes Walker's attorneys handle judgment collection, garnishment, and exemption claims for Florida creditors and debtors. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 77
Florida’s garnishment statute lets a judgment creditor reach a debtor’s funds held by third parties, subject to notice and exemptions such as head-of-family wages.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC