(1) If any person other than defendant claims that the debt due by a garnishee is due to that person and not to defendant, or that the property in the hands or possession of any garnishee is that person’s property and shall make an affidavit to the effect, the court shall impanel a jury to determine the right of property between the claimant and plaintiff unless a jury is waived.
(2) If the verdict is against the claimant, plaintiff shall recover costs. If the verdict is in favor of the claimant, the claimant shall recover costs against plaintiff.
(3) If the claim is interposed after a levy on property, the officer making the levy shall return the execution with the officer’s levy thereon and the affidavit of the claimant to the court from which execution issued, and the proceedings shall be as in other cases of claims made to property taken on execution.
History.—s. 8, ch. 43, 1845; RS 1679; GS 2143; RGS 3445; CGL 5298; s. 27, ch. 67-254; s. 395, ch. 95-147.
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.