(1) If the garnishee fails to answer as required, a default shall be entered against him or her.
(2) On the entry of judgment for plaintiff, a final judgment shall be entered against the garnishee for the amount of plaintiff’s claim with interest and costs. No final judgment against a garnishee shall be entered before the entry of, or in excess of, the final judgment against the original defendant with interest and costs. If the claim of the plaintiff is dismissed or judgment is entered against the plaintiff the default against garnishee shall be vacated and judgment for the garnishee’s costs entered.
History.—s. 11, ch. 43, 1845; RS 1681, 1682; GS 2146, 2147; RGS 3448, 3449; CGL 5301, 5302; s. 27, ch. 67-254; s. 390, ch. 95-147.
Note.—Former ss. 77.20, 77.21.
Structure Florida Statutes
Title VI - Civil Practice and Procedure
77.01 - Right to Writ of Garnishment.
77.02 - Garnishment in Tort Actions.
77.03 - Issuance of Writ After Judgment.
77.0305 - Continuing Writ of Garnishment Against Salary or Wages.
77.031 - Issuance of Writ Before Judgment.
77.055 - Service of Garnishee’s Answer and Notice of Right to Dissolve Writ.
77.13 - Execution on Garnishee’s Refusal to Surrender Property.
77.14 - Disposition of Property Surrendered by Garnishee.
77.15 - Proceedings Against Third Persons Named in Answer.
77.16 - Claims by Third Persons to Garnisheed Property.
77.17 - Compensation to Garnishee.
77.19 - Amount Retained by Garnishee.
77.22 - Before Judgment; Effect of Judgment for Defendant.
77.24 - Before Judgment; Discharge.