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HomeMy WebLinkAbout0329 _ . . _ . ;~s:=>. _ _ _ . . ~ ~ ~ ' ' ~ , ~ ~ ~ ~ ? ~ pas~es on the constitutiot~al validity of Florida's.prejudqment garnishment statutes.l Since the order of the Circuit Court i ....~r~~~ I 77.031 Garnishment before judgme.ntf procurement.-- . ~ (1) Before judgment has been obtained by plain- E tiff against defendant, no writ of garnishment shall issue until plaintiff, his aqent or attorney, files - in the court where the action is pending, a motion (which shall not be verif3ed or negat~ive defendant's exemptions) statinq that the debt for which plain- tiff sues is just, due.and unpaid, that the qarnish- ment is not sued out to injure either defendant or qarnishee,and that movant does not believe that defendant-will have in his possession after execu- ~ ti~on is issued, visible property in this ~state ~and in the county in which th~ action is pending on which a levy can be made sufficient to satisfy plaintiff • s clai.m. (2) Except when plaintiff has had an attach- ment, no.writ of garnishment before judgment shall issue until the person applying for it, nis agent or attorney, gives a bond with surety to be approved by the clerk payable to de~endant in at least - double the debt demanded conditioned to pay all costs and da~mages which defendant sustains in consequence of plaintiff's improperly suing out _ the writ of gar~.ishment. (3) Any bond in qarnishment is not void as against the obligors, nor shall they be discharged therefrom on account of any informality in it, ~ although the garnishment is dissolved because of the informality. , ~ 77.04 Writ; fona.--The writ shall require ~ the garnishee to serve an answer to it on plain- ' tiff within 20 days after service stating whether i_ ~ he is indebted to defendant at the time of the answer, or was indebted at the time of service of the writ, or at any time between such times; and in what sum and what tangible or intanqible personal ~ property of defendant he has in his possession or ~ control at the time of his answer, or had at the time of the service of the writ, or at any time - between such ti.unes; and whether he knows of any other person indebted to defendant, or who may have any of the property of defendant in his possession or control. The writ shall state the amount named in plaintiff's motion. " ~ 77.06 Writ; effect.-- (1) Service of the writ shall make garnishee liable for all debts due by him to defendant and for any tangible or intangible personal property of de~endant in his possession or control at the time of the service-of the writ or at any time between the service and the time of his answer. ` (2) A bank or other financial institution authorized to accept deposits, upon beinq served (continued) . . ~ ~ ~ `t . R : vi ~ ~ ~ . ¦ I~fl~ _2_ . ~ '