Writ of Garnishment Florida: How to Garnish a Debtor's Bank Account or Wages

A writ of garnishment is one of the most direct ways to collect a judgment in Florida. Instead of chasing the debtor personally, you reach their money where it sits — in a bank account or an employer's payroll system.

Chapter 77 of the Florida Statutes governs the entire process. Here's how it works from filing through payout.

Filing the Motion

After your judgment becomes executable (Day 11 post-judgment, assuming no motion for new trial was filed), you file a Motion for Writ of Garnishment with the clerk of court. The motion states the outstanding balance, including accrued post-judgment interest.

The clerk issues the writ. You then have it served on the garnishee — the bank or employer — through the sheriff or a private process server. Service freezes the debtor's funds immediately.

Costs at this stage:

• Garnishment action filing fee: $188
• Sheriff or process server fee for serving the garnishee: ~$40
• Garnishee deposit (for non-employer garnishees like banks): $100 toward the garnishee's attorney fees under § 77.28

The Garnishee's Answer

Within 20 days of being served, the garnishee must file an answer stating whether it holds any funds belonging to the debtor and, if so, how much. A bank will report the account balance at the time the writ was served. An employer will report the debtor's wage rate and pay frequency.

This is where many garnishments succeed or fail. If the bank account was empty when the writ was served, the answer will say zero — and you've spent your filing fees for nothing. That's why asset discovery through Form 1.977 before filing a garnishment can save you money.

Notifying the Debtor

There are two separate notices:

1. Notice of the writ: Within 5 business days after the writ is issued or 3 business days after it is served on the garnishee, whichever is later, mail first class to the debtor's last known address a copy of the writ, a copy of your motion, and, if the debtor is an individual, the statutory "Notice to Defendant of Right Against Garnishment" under § 77.041. If the mail is returned or the address cannot be found after diligent search, mail the documents to the debtor's place of employment. File a certificate of service with the court.
2. Notice after the garnishee answers: Within 5 days after the garnishee's answer is served on you or the answer period expires, mail a copy of the answer and a notice explaining the debtor's 20-day right to move to dissolve the writ if an allegation in your motion is untrue, as required by § 77.055. File a certificate of service.

These steps are not optional. Skipping or delaying either notice can put the garnishment at risk.

The Debtor's Exemption Window

The debtor has 20 calendar days from receiving your notice to file a Claim of Exemption and Request for Hearing. Florida provides strong exemption protections, particularly for wages.

If the debtor files a claim:

• Hand-delivered: You have 8 business days to file a sworn written denial
• Mailed: You have 14 business days to file a sworn written denial

If you don't file a timely denial, the writ dissolves automatically and the frozen funds are released. If you do contest the exemption, the court holds an evidentiary hearing where the debtor bears the burden of proving they qualify.

Bank Account Garnishment Specifics

When a writ hits a bank, the institution freezes whatever balance exists up to the judgment amount. But there's a federal protection layer: under 31 CFR Part 212, if the debtor receives direct-deposited federal benefits (Social Security, VA, SSI), the bank must conduct a 2-month lookback and automatically protect those funds without requiring a court filing from the debtor.

This means a garnishment against a retiree living on Social Security may freeze zero collectible dollars even if the account shows a balance.

Wage Garnishment and the Head of Household Exemption

Wage garnishment follows the same motion-writ-service process, directed at the debtor's employer instead of a bank. Federal law caps the amount at the lesser of 25% of disposable earnings or the amount exceeding 30 times the federal minimum wage per week.

But Florida adds another layer: the Head of Household exemption under § 222.11. A debtor who provides more than half the financial support for a child or other dependent is completely exempt from wage garnishment if they earn $750 or less per week in disposable income. Even above $750, wages are exempt unless the debtor signed a specific written waiver.

This exemption dissolves a significant percentage of wage garnishments in Florida. Verify the debtor's household status before committing to this path.

When Garnishment Hits a Dead End

A zero-balance bank answer or a successful exemption claim doesn't erase your judgment. The debt remains, and you can try again — different bank, different timing, different enforcement tool entirely. Some creditors start with a $20 Sunbiz judgment lien to secure their position and return to garnishment after gathering more intelligence through post-judgment discovery.

Building Your Enforcement Strategy

Garnishment is most effective when you know where the money is before you file. Our Florida Small Claims Judgment Collection Guide covers the complete garnishment workflow — from pre-filing asset discovery through the exemption hearing — plus the five other enforcement tools available when garnishment doesn't produce results.

Get the step-by-step guide and pursue garnishment with the full picture.

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