Garnishment Warrant in Florida

A garnishment warrant, also known as a writ of garnishment, is a legal tool used by creditors in Florida to collect debts from a debtor who has failed to satisfy a judgment.

After a creditor obtains a court judgment against the debtor, the creditor can request a garnishment warrant to seize a portion of the debtor’s wages, bank accounts, or other assets held by a third party (such as an employer or financial institution).

This legal process allows the creditor to recover funds directly from the debtor’s earnings or accounts, with certain protections and exemptions available under Florida law to guarantee basic financial security for the debtor.

Here are the key points about obtaining a garnishment warrant (also called a writ of garnishment) in Florida:

1. A creditor must first obtain a judgment against the debtor before seeking a garnishment warrant, except for certain debts like taxes, child support, and student loans.
2. To obtain a garnishment warrant, the creditor must file a motion for writ of garnishment with the court where the judgment was entered, stating the amount owed.
3. The creditor must also file:

• A copy of the final judgment
• The motion for writ of garnishment and the order granting it
• The writ of garnishment form
• Required filing fees

1. Once approved by the judge, the creditor receives the signed writ of garnishment and must serve it on the garnishee (e.g. the debtor’s employer or bank).
2. The creditor must also mail copies of the writ, motion, and a notice of the debtor’s rights to the debtor within 5 business days after the writ is issued or 3 business days after serving the garnishee, whichever is later.
3. The garnishee has 20 days to respond with an answer.
4. Florida law limits wage garnishment to 25% of disposable earnings or the amount exceeding 30 times the federal minimum wage, whichever is less.
5. There are exemptions available, such as the head of household exemption, which may protect wages from garnishment if certain conditions are met.
6. The debtor has 20 days to file objections or claim exemptions after receiving notice of the garnishment.
7. Garnishment warrants can be used to seize wages, bank accounts, and other assets owed to the debtor by third parties.