Form 1.907 Garnishment

(a)       Writ of Garnishment.

WRIT OF GARNISHMENT

THE STATE OF FLORIDA:

To Each Sheriff of the State:

YOU ARE COMMANDED to summon the garnishee, ………. to serve an answer to this writ on ………., plaintiff’s attorney, whose address is , ………. within 20 days after service on the garnishee, exclusive of the day of service, and to file the original with the clerk of this court either before service on the attorney or immediately thereafter, stating whether the garnishee 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 and intangible personal property of the defendant the garnishee is in possession or control of at the time of the answer or had at the time of service of this writ, or at any time between such times, and whether the garnishee knows of any other person indebted to the defendant or who may be in possession or control of any of the property of the defendant. The amount set in plaintiff’s motion is $……….

DATED on ……….

(Name of Clerk)

As Clerk of the Court

By                                                                   

As Deputy Clerk

(b)       Continuing Writ of Garnishment against Salary or Wages.

CONTINUING WRIT OF GARNISHMENT
AGAINST SALARY OR WAGES

THE STATE OF FLORIDA:

To Each Sheriff of the State:

YOU ARE COMMANDED to summon the garnishee, ………., whose address is ………., who is required to serve an answer to this writ on ……….,plaintiff’s attorney, whose address is ……….,, within 20 days after service of this writ, exclusive of the day of service, and to file the original with the clerk of court either before service on the attorney or immediately thereafter. The answer shall state whether the garnishee is the employer of the defendant,………. and whether the garnishee is indebted to the defendant by reason of salary or wages. The garnishee’s answer shall specify the periods of payment (for example, weekly, biweekly, or monthly) and amount of salary or wages and be based on the defendant’s earnings for the pay period during which this writ is served on the garnishee.

During each pay period, a portion of the defendant’s salary or wages as it becomes due shall be held and not disposed of or transferred until further order of this court. The amount of salary or wages to be withheld for each pay period shall be made in accordance with the following paragraph. This writ shall continue until the plaintiff’s judgment is paid in full or until otherwise provided by court order.

Federal law (15 U.S.C. §§1671–1673) limits the amount to be withheld from salary or wages to no more than 25% of any individual defendant’s disposable earnings (the part of earnings remaining after the deduction of any amounts required by law to be deducted) for any pay period or to no more than the amount by which the individual’s disposable earnings for the pay period exceed 30 times the federal minimum hourly wage, whichever is less.

For administrative costs, the garnishee may collect $………. against the salary or wages of the defendant for the first deduction and $………. for each deduction thereafter.

The total amount of the final judgment outstanding as set out in the plaintiff’s motion is $………..

FAILURE TO FILE AN ANSWER WITHIN THE TIME REQUIRED MAY RESULT IN THE ENTRY OF JUDGMENT AGAINST THE GARNISHEE FOR THE ABOVE TOTAL AMOUNT OF $……….

ORDERED at ……….,, Florida, on …..(date)……

(Name of Clerk)

As Clerk of the Court

By                                                                   

As Deputy Clerk

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