INSIDE THE COURTS

CIVIL PROCESS ISSUESor

How to Reap what you have Sown

Judge John E. JordanCircuit Judge

Ninth Judicial CircuitApril 21,2015

How To Collect a Judgment ln Florida

How do I Collect a Judgment?

lf you win a lawsuil for money, you will get a copy of the Court,s judgment statingthe amount oJ money the losing party must pay to you. The losing pirty is catteAlhe judgment debtor, and you, the winner, are called the./u agmeii creditor.

lf the judgment debtor does not pay, you are entifled to get the sheriff to seize thejudgment debtor's property. The seizing of property by lhe sheriff is called a /eyy.Once thesheriff has levied on the property, the sheriff will then sell it, and payyou out of the money the sheriff receives from the sale. This process is calledexecution. There are a number of steps you must take.

What steps do I have to take?

Step 7. Once you get your judgment, you should first obtain a judgment lien byrecotding a Judgment Lien Ceiificatewith the Department of State. This is notalways crucial, but it is a very good idea. We will explain below why it is a goodidea and how you do it.

Step 2. ln order to get the sheriff to levy upon (to seize) the judgment debtor'sproperty, you must first locate the property. The sheriff won't do this for you.Remember that there are many kinds of property the sheriff can seize. Land andbuildings are called real propefty.lvlovable things, like cars, horses, boats,furniture, and jewelry are called personal propeiy.

There are some kinds of property the sheriff cannot levy on. The main kind ofproperty the sheriff cannot seize is a person's home. A person's homestead isexempl from execution. The judgment debtor may also select personal propertyworth up to $1 ,000, and one motor vehicle worth up to g1,OOO, as exemptproperty. Only people have exemptions. lf your judgment is againsl a corporationor a partnership, the sheriff can seize all of its property. Of course, the sheriff canonly levy on property the judgment debtor truly owns - not property owned bysomebody else, such as leased property.

Step 3. Once you have located property the sheriff can seize, you take yourjudgment to the Clerk of the Court that issued the judgment and ask for adocument called a Writ of Execution. This tells the sheriff to seize property ofthe judgment debtor to satisfy your judgment. You then deliver the writ to thesheriffs office in the county in which the property is located. You must also givethe sheriff written instructions, called ,nstruc,ions for Leyy. These instructionsdescribe the property, and tell the sheriff where it is located.

The sheriff will require you to deposit some money to pay the sheriffs fees andcosts. You will get your deposit back if the execution is successful.

Slep 4. Before the property can be sold, you have to check the Department ofStato's internet website, at www.sunriz.oro, to see if there are any judgmentliens filed under the name of the Judgment Debtor. you must also checliforcreditors who have filed UCC security interests in the name of the JudgmentDebtor at www.f or daucc com. You must notify all of these people of the time andplace.of the sale. You then give the sheriff a slgned affidavit, on which youprovide the information contained in all the judgment lien certificates fil;d againstthe Judgment Debtor.

Slep 5. Once the notices have been sent, the sale must be properly advertisedin a local newspaper. Then, at the designated time and place, ihe jheriff willsell the property at a public auction. You can bid at the auction if you want to.The highest bidder for cash in hand pays the price to the sheriff and becomes theowner of the property.

Slep 6. The sheriff will pay out the money received from the sale in thisorder:

. First, the sheriff pays the sheriffs costs, and if the sale price covers thesecosts, you will get your deposit back.

. Second, the sheriff pays you $500 for your costs (whether you spent thatmuch or not).

. Third, if somebody obtained a Judgment Lien before you did, the sheriffpays that person before paying you. lf others have filed before you, thesheriff pays everybody in the order of filing.

lf the sheriff runs out of money before getting to you, you get nothing more. Thisexplains why it is such a good idea to obtain a Judgment Lien as soon aspossible. lf no judgment liens have ever been filed, the sheriff will pay youfirst, and anything left over will go back to the iudgment debtor. But it,s stilla good idea to file as soon as possible. lf you don,t, there is always achance that somebody might file during the execution process and come inahead of you.

IMPORTANT: lf you previously delivered a writ of execution to a sheriff, youcannot rely on that. You mus, /i/e a judgment lien certificate before October I,2003, in order to hold that place in line.

How Do I Obtain a Judgment Lien On the Debtor's Personalproperty?

You can obtain a judgment lien on all of the ludgment debtor's personalproperty located anywhere in the state by filing a Judgment Lien Certificatewith the Department of State. To get the proper form you must go on the lnterneito the Department's website: www slrnb z oro. You can either download the formfrom the website or have it mailed to you. Once you have filled out the form, you

L

can either file it and pay the filing fee electronically, or mail it to the Departmentwith the filing fee.

CAUTION: These liens don't last forever. They lapse, meaning they disappear,after 5 years. lf there are liens ahead of you, you will move toward the front of theline as they lapse. But your lien will eventually lapse, too. So don't be lazy waitingfor somebody else to levy on the debtor's property for you. After 5 years, you canfile again and get another judgment lien, but if others have filed after your firstfiling, you will go to the end of the line.

How Do I Obtain a Judgment Lien on the Debtor's Real Property?

You can obtain a judgment lien on the judgment debtor's real property byrecording a certified copy of your judgment in the real estate records of thecounty in which the property is located. For example, in Orange County takecertified copy of Final Judgment to the Orange County Comptroller's OfficialRecords Department. Such liens are not recorded with the Department of State.These liens last for ten years and they can be continued for another ten.

You can download forms at www.sunbiz.orq or call the Department of State,Division of Corporations, Judgment Liens Section, at 850-245-6011.

マリ

Plainti範

VS.

FINAL JUDGPIENT AGAINST

IN THE COUNTY COURT OF THE NINTHJUDICIAL CIRCUIT,IN AND

FOR ORANGE COUNTY,FLORIDA

CASE NO:

(DEFENDANIS)'SNAME)

Defendant.

Itヽ attudged thtt the phi厳iffKs), _,recover from the defendant(s)! , the sumof $_on principal, $ as prejudgment interest, S_for attorneys' fees, withcostsof$-,allofwhichshallbearinterestattherateof-ohperyearasprovidedbyFloridaStatute, for all of which let execution issue.

It is further ordered and adjudged that the defendant(s) shall complete Florida Small Claims Rule orm7.343 (Fact Information Sheet) and return it to the plaintiff s attomey, or to the plaintiffis not representedby an attorney, within 45 days from this finaljudgment, unless the final judgment is satisfied or a motionfor new trial or notice of appeal is filed. The defendant should NOT file the completed form 7.343with the court.

Jurisdiction ofthis case is retained to enter further orders that are proper to compel the defendant(s) tocomplete form 7.343 and retum it to the plaintiff s attomey, or the plaintiff if the plaintiff is notrepresented by an attorney.

ORDEttD at ,FloHda9 on_______一―――'20__.

County Court Judge

Copies funlished to:

PLArNTIFF(S)

DEFENDANT(S)

PIJntiffKs)'S address:

Defendant(s)'s last known address and last four digits of defendant(s)'s Social Security Number(if known):

準

‐

www.sunbiz.org - Judgment Lien Information

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Home contact us E-Filing Services Document searches Forms Help

Judgment Lien lnformation

Judgment Lien Statute: 55.201-55 209, Florida Statutes.Liens are valid for five years from original date of filing.Writs of Execution are no longer docketed with the Sheriffs office.Judgment lien searches are not processed by the Division, search on-line at Document Searches.Previously recorded judgment liens must be refiled with the Department of State prior to OctoOer .l

, 2003, or the lienwill become ineffective.How to Collect a Judqment Lien ln Florida Under the New Judoment Lien Law.online filing of judgment liens with a credit card is available at Electronic Filinq.DOS Document Number is the number assigned upon filing of a business entity with the Department of State. DOSdocument number is a required field when the judgment debtor is a business entity. Searcn on-line to obtain abusiness entity's DOS document number, at Document Searches.Evidence of filing will be sent to the filer's email address.Payment options include credit card only. Sunbiz pre-paid accounts can not be used for payment.Do not include a copy ofyour Judgment order.Do not include a self-addressed stamped envelope.

Mailing Address:Department of StateDivision of CorporationsJudgment LiensP.O. Box 6250Tallahassee, FL32314

lnterest Rates:

For historical

Phone Numberi850-2456011

Download:Jfdo-henfLi6n Forms

The rate of interest payable on judgments is established in accordancewith s.55.03, Florida Statutes.

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10ノ01ノ2014

07ノ01ノ2014

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10ノ01ノ2013

07ノ01′2013

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interest rates,please Qlick here.

4.75%

4.75%

4.75%

475%4.75%

4.75%

4.75%

4.75%

475%

I HO,,ヽ e Contact us Doculnent searchesI Eギ‖ino Services l Forins Heto lCopvrioht o and Privacv Policles

State of Florida′ Depaltment oF State

http ://www. sunbiz.org/j lien_info.html 4/10/2015

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測 DGMENT LIEN CERTIFICATEFOR PURPOSES OF FILING A JUDGMENT LIEN,THE FOLLOWING INFORMAT10NIS SUBMITTED IN ACCORDANCE WITH s 55203,FLORIDA STATUTES

l. JUDGMENrr DEBTOR(DEFENDANT)NAME ASSHOヽ VN ONJUDGMENT,IF AN INDIVIDUAL,ISi

LAST NA雌

MAILNG ADDRESS

DO NOT PHOTOCOPY THIS FORM PRIOR TO USE.BAR CODE MUST BE LECIBLE.

ⅢⅢⅢⅢ‖Ⅲ

THIS SPACE FOR USE BY FILING OFFICE

MI

ST zIP

2. noottroNel JUDGMENT DEBToR, rF AN INDTvIDUAL, rs

LAST NAヽ 値 FIRST NAME

MAILNC ADDRESS

CITY

3. JUDGMENT DEBToR (DEFENDANT) NAME AS SHowN oN JUDGMENT, IF A BUSINESs ENTITY, IS

MAILlNG ADDRESS

MI

CITY

4. FEDEML EMPLoYER IDENTIFICATIoN NUMBER

ST zIP

5. DEPARTMENToF STATE DoCUMENT FILE NUMBER:

PLEASE CHECK BOX IF DOCUMENT NUMBER IS NOT APPLiCABLE

6. JUDCMENT CREDITOR (PLAINTIFF) NAME AS SHowN oN JUDGMENT oR CURRENT owNER oF JUDGMENT,IF ASSIGNED:

CREDrrOR NAME(S)

MAILNC ADDRESS

7. DEPARTMENT oF STATE DoCUMENT FILE NUMBER

ST zIP

ll.NAME OF COURT:

PLEASE CHECK BOX IF DOCUMENT NUMBER IS NOT APPLiCABLE

8. owNER's ATToRNEvoRAUTHoRTzED REeRESENTATTvE: (ACKNowLEDGMENToFFTLTNC wrLL BE 5ENTTO THIS ADDRESS)

MA:LINC ADDRESS

CITY

9. AMoUNTDUEoNMoNEYJUDGMENT:sT zIP 13.DATE OF ENTRY

I 0. eppLrceelE srATUToRy TNTEREST RATE

I 2. cese NuNaspn

MONTH DAY YEAR

(4) I have complied with all applicable laws in submining this Judgment Lien Certificate for filing.

S:GNATtRE OF CREDITOR OR AUTHORIZED REPRESENTATIVE

NON―REFUNDABLE PROCESSING FEE:JUDGMENT LIEN WiTH ONE DEBTOR S20 00 EACH ADDITIONAL DEBTOR S500

EACH ATTACHED PAGE,IF NECESSARY S5 00

CERTIFIED COPY REQUESTED S10.00 □

Division of Corporations o P.0.Box 6250 0 Tanahassee,F132314 0 850… 245‐ 6011ⅣIake Checks Payable to: Florida Department of State

CttE091(04Ю 8)

/

BUSINESS ENTlTY NANIE

Collecting on a Final Judgment

Summarl Claims .judgments entercd ir Counry- Courtsare enforceabl€ in the manner provided by law.Judgmenls that are obtained in Florida are enforceableas follows:

Recording the judgment: You may obtain a certifiedcopy of youl judgment in any county or counties ofFlorida where the debtor's real estate in that countyfor 7 years from the date of recording provided $atth€ judgmert contains the address of the person whohas a lien as a result of sucb judgmert or a separateaffidavit is recorded simultaneously with the judgmentstating the address of the person who has a lien as aresult of such judgment. A judgment does not becomea lien on real estate unless the address o[ the person,who has a lien as a result of such judgment, iscontained in the judgment. The Iien may be extendedfor an additional period of l0 years, by re-recording acertified copy of the judgment prior to the expiEtionof the lien previously recorded. The one additionalperiod of 10 years shall be effective from the dat€ thejudgment is re-recorded. Contact the Clerk of theCounty Court, Civil Division to obtain the cost for thecertified copy and contact Official records of thecounty where you want to record the judgment toobtaio their costs.

Locating Proper8: There are varjous ways of findingproperty your debtor ow!s. You may inquire al theDivision ofMotor Vehicles, 2900 Apalachee Parkway,Tallahassee, FL 32399-0500, (850) 488-3881, to se€ ifth€ debtor owns any vehicles in Florida. Further, theOfficial Records ol th€ county will show any realproperty a debtor owDs in each county.

HEARING IN AID OF EXECUTION: The purposeofthis hearing is to allow a judge, al the request ofthejudgment creditor, to order a judgment debtor toappear for a hearing in aid of execution, 45 or moredays from the date of e4try of a judgrneDt. At thehearing the judgment debtor will be required to answerinquires under oath regarding his eamings, financialstatus, and any assets available, in excess ofexemptions, to be applied towards satisSing thejudgment. This procedure is only available to ajudgment creditor who is a natural person and was notrepresent€d by an attomey prior to judgment. Contactthe Clerk of County Court, Civil DivisioD to obiajninformation oo this procedure.

OBTAINING A WRIT OF EXECUTION: Youmay obtain a Writ of Execution from the Clerk oftheCounty Court and enforce yourjudgment as providedby law at any time during the 20 year liG of thejudgment. You can visit www.sunbiz.ore forjnformation on gnforcing a Writ ofExecution.

Writ of Garnishment: A judgment debtor may beowed money by a tlird person, such as an employer, abank, or somebody for whom he has agreed to performwork. In such case, you may wish to file for a Writ ofGamishment. A continuing Writ of Gamishmentagainst the wages of a judgment debtor enables anemployer to make periodic payments to the creditorfrom a portion of the debtor's salary, as it becornesdue. This proc€dure continues uDtil the judgment issatisfied or until otherwise provided by court order.You must first file a Motion and pay a fee to the Clerkofthe County Court before a Writ can be issued. Youmay motioll for a Writ 10 days after the filing of thejudgment.

Judgment from en Automobile Accidenti If yourjudgment is the result of an automobile accident, youmay forward a certified copy of your judgment and acopy ofthe accidenl report to Department of HighwaySafety and Motor Vehicles, Bureau of FinancialResponsibility, Tallaiassee, FL 32304. Pursuant toSection 324 of the Florida Statutes, the judgmentdebtor's driving privileges and regishation could berevoked.

Exemptions: A judgment debtor may be entitled tocertain exemptio0s. Th€se exemptions may includecertain real estate, such as the residenca of a debtor,head ofa household or family, as well as $1,000.00 ofpersonalproperty.

For purposes of the above-stated information, theClerk of the Court's offices are located at thefollowing locations:

Apopka OIficeI111No h Rock Spdngs RoadApopka, FL 32703(407) 836-2001Ftee parkittg

Ocoee Office475 West Story Road

Ocoee, FL 34761(401) 836.2001Free parking

Orlando OIfice425 North Orange Avenue, Room 310Orlando, FL 32801(407) 836.2000Garuge parking *ilh houtl! rule

Winter Pa* Oflice450 North Lakemont AvenueWinter Park, FL 32792(407) 836.2007Free parking

www.myorangecl€rk,com

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LEVY PACKET REOUIREMENTS

0 0RIGINAL WRIT OF EXECUTION

e LEVY INSTRUCTIONS

● ATTORNEYS AFFIDAVIT― PER FoS.56.27(4)

● JUDGEⅣl田NT LEIN CERTIFICATE(S)

。 LEW■アDEPOSIT

'AFFIDAVIT OF SApIE NAPIIE M,lLL BE REQUIREDIF NAⅣIE VARIESIN AnWAY.

LEVY ON REAL PROPERTY REOUIRES:

・ COPY OF DEED

● TITLE REPORT OR PROPERTY APPRAISERPRINT OUT

'AFFIDAVIT OF SAⅣIE NAⅣIE'(IF THE NAPIIE VARIESIN ANY WAY ON THE COPY OFTHE DEED OR TITLEREPORT)

8

In The

Case No.:

Coun, County, Florida

PIttntifF

Delendant(s)

INSTRUCTIONS FOR LE}7.Y

TO T}TE SHERIFF OF ORANGE COUNTY, FLORIDA

In the mancr of an execution.for money, issued ou.t of the above styled Court, in the above styled case,you are hereby instructed to reduce the balance of the writ ofexecurion by postjudgnrent payments iotallingS-

"frer which you are to levy upon the following described pioperty of-*re Deflendant:

DESCRIPTION OF PROPERTY

Location of property:

Description of property:

Dated rhis day of

Signature of Ptainrift, his .{.genror -\ttomev

Name:Address:

Phone;:Contr.cr P--rson:

Defendant's last known mailing address:

Defendant's attorney of record:

It is undersrood and agreed that vou, as Sheriff of Orange County, Florida, pursuanr ro F.S.S. 30.j0,shall be held blameless in making a wrongful [evy, when acting upon these insrructions, and ir is funherunderstood and agreed thar I shall pay all cost incidenr to this levy, should the propeny levied upon. for anyreason be not sold, or if upon the sale should not produce sufficient money !o pay said cosr, unliss said cosrshall have been paid by 'Jre Defendant.

VS.

200

Bv

q

The fees charged by the Judicial Process Unit are in accordance with Florida law, F.S.S. 30.231.These fees are non-refundable.

Type of Process

Summons(per person being served)/Garnishments

Subpoena/Orders, Notices, Evictions

Wrlt of Assistance

Order of Bodily Attachment

Temporary Injunctions

Distress Writ

Wrlt of Attachment

Writ of Replevin

Writ of Possession

Out-of-State Non-Enforceable Process

Child Custody Orders (any form)

Mental Health Exparte Order

Cost of Individualized Service

$40.00

$40.00

$40.00 Service

$90.00 Execution

$90.00

$40.00

$40.00 Service

$90.00 Execution

$90.00

$90.00

$90.00

$ss.00

$70.00 ($40.00 + $30 s.s.F)

$40.00

NOTE: The above fees apply to Alias or Pluries Documents as of July l, 2009.

All papers received with insullicient fees attached will be returned to the sender.

to

Y

Levy Deposits:

(, qoo oo Minimum Cost Deposat for BusinessEq uipment/Furniture

$1,700.00 Mininum cost Deposit for any vehicle, single craft, single/doubldwide mobile home, travel trailer and each additional craft

no.n nn Minirum Cost Deposit for Stocks, Bonds, Jewelry,'---'-- Real Estate, Depositions

*rr.oo Mini.um Cost Deposit for Locksmith (Break Order is' necessary)

Personal Property (i.e. Household Furnishings): Deposit varies depending on quantity ofitems being levied. An inventory list will need to be seen by the Sales Coordinator, Corporal, orthe S€rgeant of the Enforceable Writs Section before an amount is determined.

Sheriffs Fees for Levying on Executions:

Docketing and Indexing $40.00

PrepareAdvertisement $40.00Bill of Sale/Deed $40.00

LeW Fee $50.00SatisfactionofJudgement $40.00

Holding Sale $40.00In-House Storage Fee $50.00

***There will be an additional fee of $40,00 per hour (or any portion thereof) for each Deputy Sheriff required tostandby on the scene after the first hour. The hourly fee also applies to any special services. The actual costs may

be more or less. Levy deposits are refundable after all costs are paid.

Pleas€ make checks out to tfte Orange CountY Shetiffs OfFce.

Check and documents can be mailed to:

Orange County Sheriff's officeAtt: ludicial Process UnitP.O. Box 1440Orlando, Fl 32802

Please make sure to include your name, address, telephone number, email address, and any other pertinent

contact information with your correspondence or request for process services.

You can conduct your business at the ludicial Process Unitlvlonday - Friday between 8am - 5pm

425 North Orange Ave, Suite 240(Orange County Courthouse)Orlando. FL 32801Telephone: 407.836.4570

\\

Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/statutes/index.cftn?App_mode:Display_Stat...

Se(ect Year: 2014 Go

The zor4 Florida Statutes

Titte Vl chlplgrl: view Entire chapterctvlL PMCTICE AND PROCEDURE :uocMrNrs

CHAPTER 55

JUDG},tENTS

55.01 Judgments; generat form.55.01 Judgments; rate of interest, generally.55.04 Judgments; rate of interest, bonds of county, etc.55.05 Judgments; power of attorney to confess invatid.55.07 Judgments; effect of failure to record.55.071 Judgments; effect of invatid affidavit or oath.55.081 Statute of timitations, tien of iudgment,55.10 JudSments, orders, and decrees; tien of att, generatty; extension of liens; transfer of liens to other security.55.11 Judgments; no lien against municipaLities.

55.13 Judgments; rights of sureties, etc.55.14'l Satisfaction of iudgments and decrees; duties of clerk.55.145 Discharge of iudgments in bankruptcy.55.146 Certain property exempt.55,201 Central database of judgment tjens on personal property.55.202 Judgments, orders, and decrees; lien on personal property.55.203 Judgment tien certificate; content, fiting, and indexing.55.204 Duration and continuation of iudgment [ien; destruction of records.

55.205 Effect of iudgment tien.55.206 Amendment of judgment tien fite; termination, partiat release, assignment, continuation, to[ing, correction,55.207 Correction of judgment tien fite.55.208 Effect of fited judgment lien on writs of execution previousty detivered to a sheriff,55,209 Department of State; processing feer, responsibitities.55.501 Ftorida Enforcement of Foreign Judgments Act; short titte.55.502 Construction of act.

55.503 Recording and status of foreign judgments; fees.

55.505 Notice of recording; prerequisite to enforcement.55.507 Lien; when effective.55.509 Stay of enforcement of foreign judgment.

55.601 Uniform Out-of-country Foreign Money-Judgment Recognition AcU short tjtte.55.602 Definitions.

55.603 Appticabitity.

55.604 Recognitjon and enforcement.

55.605 Grounds for nonrecognjtion.

55.6055 Foreign defamation judgment.

55.606 PersonaL iurisdiction.55.607 Stay in case of appeal.

55.0'l Judgments; general form.(1) ln all actions where either party recovers a sum of money, the amount to which he or she is entitted may be awarded by the

judgment generalty, without any distinction being therein made as to whether such sum is recovered by way of debt or damages.(2) Each finatiudgment shatl contain thereon the address and the social security number, if known to the prevaiting party, of each

person against whom judgment is rendered. Errors in names, addresses, or sociat security numbers or faiture to inctude same shalt inno way affect the validity or finatity of a finat judgment.

History.-s. 40, ch. 1096, 1861; RS 1171; cS 1598; RGS 2800j CGL 4186; s_ 9, ch. 67.254; s. 1, ch. 79.387; s. 9, ch. 9t.250; s. 291, ch. 95,147.

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Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display Stat...

55.03 Judgments; rate of intere3t, generally.(1) on December 1, March 1, June 1, and September 1 of each year, the chief Financiat Officer shall set the rate of interest that

shatl be payabte on iudgments or decrees for the catendar quarter beginning January 1 and adjust the rate quarterty on april 1, Juty .1,

and October'l by averaging the discount rate of the Federal Reserve Bank of New york for the preceding 12 months, then adding 4oobasis points to the averaged federat discount rate. The chief Financiat officer shatt inform the cterk of the courts and chief judge foreach judicial circuit of the rate that has been estabtished for the upcoming quarter. The interest rate estabtished by the chiefFinanciat officer shatt take effect on the fi6t day of each fottowing catendar quarter. Judgments obtained on or after January 1, 1995,shalt use the previous statutory rate for time periods before January 1, 1995, for which interest is due and shatt appLy the rate set bythe chief Financiat officer for tjme periods after January 1, '1995, for which interest is due. Nothing contained herein shalt affect arate of interest estabtished by written contract or obugation,

(2) Any judgment for money damages or order for a iudjciat sate and any process or wrjt directed to a sheriff for execution shaltbear, on its face, the rate of interest that is payabte on the judgment. The rate of interest stated in the judgment, as adjusted insubsection (3), accrues on the judgment untit it is paid.

(3) The interest rate is estabtished at the time a judgment is obtained and such interest rate shatt be adjusted annuatty on January1 of each year in accordance with the interest rate in effect on that date as set by the Chief Financiat Officer until the judgment ispaid, except for iudgments entered by the cterk of the court pursuant to ss. 55.141, 61 ,14, g3a.2g, and 9j8.30, which shatt not beadjusted annuaLly.

(4) A sheriff shaLt not be required to docket and index or cotLect on any proce5s, writ, judgment, or decree, described in subsection(2), and entered after the effective date of this act, untess such process, writ, judgment, or decree indicates the rate of interest. Forpurposes of this subsection, if the process, writ, judgment, or decree refers to the statutory rate of interest described in subsection(1), such reference shatt be deemed to indicate the rate of interest.

lllstory.-s. 1, ch. 1562, 1866; Rs I175; 6s 1604; RGs 2806; cGL 4491; s. t, ch. 16051, 1931; s. 9, ch. 67-254i s.7,.h.77-f54; s. 8, ch. 79-396; ss. 1, z, ch.80-110;s. 1, ch- 81-113i s. 17, ch.81,259; s.8, ch.94-219; s.4, ch.98-410;s. 101, ch.2003-261;s. 1, ch.2011.169.

55.04 Judgments; rate of inte.est, bonds of county, etc.-Att iudgments and decrees rendered on any bonds or other writtenevidence of debt of any county, speciat road and bridge districts or any county for the use and benefit of any speciat road and bridgedistricts or incorporated city or town or taxing district bear interest at the rate of 5 percent a year. when a judgment or decree js

rendered on a bond or other written evidence of debt p.oviding for a lesser rate of interest, the judgment or decree bears interest atthe rate specified in such bond or other written evidence of debt.

Hlstory. s. 1, ch. 16835, 1935; CGL t9l6 Supp. 4491(1); s. 9, ch. 67-25a.

55.05 Judgments; Power of attorney to confess invalid.-Atl powers of attorney for confessing or suffering judgment to pass bydefault or otherwise, and atl general releases of error, heretofore made or to be made hereafter by any person whatsoever within orwithout this state, before such action brought, shalt be absotutety nutt and void,

tlirtory, s. 67, Nov. 21, 1828; RS 1178; GS 1506i RCS 2808; CG! 4495; s. 1, ch. 59-121; s. 9, ch. 67.254.

55'07 Judgments; effect of failure to record,-The failure to record any order, judgment or decree shaLl not affect the vatidityof any proceedings had thereon when collateratty attacked; provided, rendition of such order, judgment or decree is shown by theprogrets docket in the cause. This section shatt appty to att proceedings heretofore had as h,ell as to those hereafter had.

History.-rs. 1, 2, ch. 11114,1977; CeL 4496; s.9,.h.67.2a4.

55.071 Judgments; effect of invalid affidavit or oath.-No order, iudgment or decree heretofore or hereafter entered(inctuding decrees pro confesso, defautts and judgments by defautt) which was or shatt be predicated on a sworn statement, affidavitor oath shatt be set aside or hetd void or voidabte because the officer before whom such sworn statement or affidavit was or shatl bemade or such oath was or shatt be administered was the attorney of record or otherwise the attorney for the person making such swornstatement, affidavit or oath.

History.-s. 1, ch. 22843, 1945i s.9, ch.67-254.

55.081 Statute of limitations, lien of Judgment.-Subject to the provisions of s. 55.10, no judgment, order, or decree of anycourt shalt be a tien upon reator personat property within the state after the expiration of 20 years from the date of the entry of suchjudgment, order, or decree.

Hi*ory. s. 1, ch. 29954, 1955; s. 9, ch. 67.254; s. 1, ch. 87-67.

55.10 Judgments, orde6, and decree!; lien of all, generally; extension of liens; transfer of liens to other security.-(1) A judgment, order, or decree becomes a lien on real property in any county when a certified copy of it is recorded in the

official records or judgment lien record of the county, whichever is maintained at the time of recordation, provided that thejudgment, order, or decree contains the address of the person who has a tien as a resutt of such judgment, order, or decree or aseparate affidaYit is recorded simuttaneousty with the judgment, order, or decree stating the address of the person who has a tjen as aresult of such iudgment, order, or decree. A judgment, order, or decree doe5 not become a lien on reat property unless the address ofthe person who has a tien as a result of such iudgment, order, or decre€ is contained in the judgment, order, or decree or an affidavit

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with such address is simuttaneousty recorded with the iudgment, order, or decree. lf the certjfied copy was first recorded in a countyin accordance with this subsection between Juty 1, 1987, and June 30, 1994, then the judgment, order, or decree shatl be a tien inthat county for an initiat period of 7 year5 f.om the date of the recording. lf the certified copy is first recorded in accordance with thissubsectjon on or after July 1, 1994, then the judgment, order, or decree shatl be a lien in that county for an initial period of 10 years

from the date of the recording.(2) The tien provided for in subsection (1) or an extension of that lien as provided by this subsection may be extended for an

additionat period of 10 years, subject to the timitation in subsection (3), by rerecording a certified copy of the judgment, order, ordecree prior to the expiration of the Lien or the expiration of the extended tien and by sjmuttaneousty recording an affidavit with thecurrent address of the person who has a tjen as a resuLt of the judgment, order, or decree. The extension shall be effective from thedate the certified copy of the judgment, order, or decree is rerecorded. The Lien or extended tien witt not be extended untess theaffidavit with the current address is sjmuLtaneously recorded.

(3) ln no event shall the tjen upon real property created by thjs section be extended beyond the period provided for in s. 55.081 orbeyond the point at which the tien is satisfied, whichever occurs first.

(4) This act shall appty to alt iudgments, orders, and decrees of record whjch constitute a lien on reat property; except that any

iudgment, order, or decree recorded prior to Juty 1, 1987, shatL remain a lien on reat property untit the period provided for in s.

55.081 expirer or untit the tien is satisfied, whichever occurs first.(5) Any tien ctaimed under this section may be transferred, by any person having an interest jn the reat property upon which the

lien js imposed or the contract under which the tien is ctaimed, from such reat property to other security by either depositing in thecterk's office a sum of money or fitjng in the clerk's office a bond executed as surety by a surety insurer licensed to do business in this

state. Such deposit or bond shatt be in an amount equal to the amount demanded jn such claim of tien plus interest thereon at thetegat rate for 3 years plus 5500 to appty on any court costs which may be taxed in any proceeding to enforce said tien. such deposit orbond shatt be conditioned to pay any judgment, order, or decree which may be rendered for the satisfaction of the tien for which such

cLaim of tien was recorded and costs ptus 5500 for court costs, Upon such deposit being made or such bond being fjted, the cterk shatL

make and record a certificate showing the transfer of the lien from the reat property to the security and mait a copy thereof by

registered or certified mail to the lienor named in the ctaim of tien so transferred, at the address stated therein. Upon the fiting of the

certificate of transfer, the real property shatt thereupon be released from the lien ctaimed, and such tien shatL be transferred to said

security. The clerk shatt be entitted to a service charge of up to 515 for making and serving the certificate. lf the transaction jnvotves

the transfer of muttiple tiens, an additionaL service charge of up to 57.50 for each additionat tien shatt be charged. Any number of Liens

may be transferred to one such security.(6) Any excess of the security over the aggregate amount of any judgments, orders, or decrees rendered, plus costs actualLy taxed,

shalt be repaid to the party fiting the security or his or her successor in intere5t. Any deposit of money shatt be considered as paid into

court and shaLL be subject to the provisions of law relative to payments of money into court and the disposition of these payments.

(7) Any party having an interest in such se€urity or the property from which the tjen was transferred may at any time, and any

number of times, fite a comptaint in chancery in the circuit court of the county where such security is deposjted for an order:

(a) To require additional security;(b) To require reduction of security;

(c) To require change or substitution of sureties;

(d) To require payment or discharge thereof; or(e) Retatinq to any other matter affecting said security,Hlitory. s. 1,ch. 10166, 1925;s. 1,ch. 14749, 1931;ss. 1-l,ch. 17998, 1917;s.2,ch. 19270, 1919; CGL1940Supp.486513);s.9,ch.67-254;s 1,ch 71-56;

s. 1, ch.77-2t62;s.2, ch.87-671t.7,ch.A7-145is.12, ch.91-45; s. 10, ch.9l-250; s. 15, ch.94_348;s. 1357, ch.95_147i s.7,.h.2000'258; s. 1, ch.2001_110i s.

68, ch. 2003-,102; s. 47, ch- 2004_265.

55,1 1 Judgments; no lien against municipalities. - No money judgment or decree against a municipat corporation is a tien on its

property nor shalt any execution or any writ in the nature of an execution basd on the judgment or decree be issued or levied.

Hhtory.-s. 1, ch. 17125, 1915;CGL 1936Supp.449214);s.9,ch.67 254-

55.13 Judgments; rights of sureties, etc.-Any person paying money as surety for the principat jn any bond or note, which he or

she has signed as surety, upon which judgment has been obtained, shatL have the same right to controt the said judgment and coltect

the same, with principal, interest and costs, as the ptaintiff creditor woutd have had if the debt had not been paid. Such judgment,

and execution thereon, shatI have the same tjen on property of the princjpat as though the surety were the originat ptaintiff.

Hirtory.-ss. 1,2,ch.765, 1855;RS 1177;GS 1605;RGS 2807; CGL't494; s. 9, ch- 67'254; s 295,ch.95'147.

55,141 Satisfaction of judgments and decrees; duties of clerk'-(1) Att judgments and decrees for the payment of money rendered in the courts of this state and which have become final, may be

satisfied at any time prior to the actuat tevy of execution issued thereon by payment of the fult amount of such iudgment or decree,

with interest thereon, ptus the costs of the issuance, if any, of execution thereon into the registry of the court where rendered.

(2) Upon such payment, the cterk shalt execute and record in the officiat records a satjsfaction of iudgment upon payment of the

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recording charge prescribed in s, 28.24(12). Upon payment of the amount required jn subsection (1) and the recording charge requiredby this subsection and execution and recordation of the satisfaction by the cterk, any tien created by the judgment is satisfied anddischarged.

(3) The satisfaction of judgment executed by the clerk must be substantialty in the fottowing form:

Satisfaction of Judqment by Clerk

The undersigned CLerk acknowtedges on this day of rmmrhr , (vear) , receipt from of 5 ttotatamount

r<eiEdr , comprised of S face amount of the judgment; S jnterest accruing on the iudgment through the date of payment; S cost5 ofissuance of any execution; and S for recording.

Pursuant to section 55,141, Ftorida Statutes, said sum is paid to satisfy the tien and to discharge that certain finat judgment in favor ofwhose tast known address, if known, is

Fb● da Statutes) against

Ftorida

recorded in Officiat Records Votume/Book , page of the pubtic records of County,

lJpon the execution of this satisfaction, said judgment is satisfied and discharged,

lf an address for the judgment holder was provided under section 55.'10(1), Ftorida Statutes, I certify that a copy of this notice has

been sent to the judgment holder at said address by certifjed mait with return receipt requested or by registered mait if the notjce is

to be sent outside the continentaL united state5.

Cterk of Court

(4) lf an address for the judgment hotder was provided under s. 55.10(1), the cterk shalt formatLy send a copy of the satisfactjon tothe ,udgment holder at that address by certified mail with return receipt or by registered maiL if the notice is to be sent outside thecontinental United states. lf an address is not provided under s. 55.10('1) or if detivery cannot be effected to such address, the cterk

may, but is not obtigated to, make reasonabte attempts to tocate the judgment hotder. The dis€harge of the tien by the issuance of thesatisfaction is not dependent upon the detivery of notice by the cterk.

(5) Upon application of the judgment hotder, the cterk shall pay over to the iudgment hotder the fult amount of the payment

received, tess the clerk's fee5 for issuing execution on such judgment, if any has been issued; less the cterk's fees for receiving into

and paying out of the registry of the court such paymenu less the clerk's fees for recording the satisfaction of judgment; and, if the

cterk incurred expenses in tocating the iudgment hotder, Less the reasonabte expenses so incurred.ttistory.-ss. 1, 2, l, ch. 22672, 1945; s.9, ch. 67-254; s- 2, ch- 77'354; s. 4, ch. 82_205; s. 296, ch. 95 147; s. 69, ch. 2001_402; s. 48, ch. 2004_265; s. 1, ch.

2005-241_

Note. Former s. 55.62.

55.145 Discharge of judgments in bankruptcy. At any time after 1 year has elapsed since a bankrupt or debtor was discharged

from his or her debts, pursuant to the act of congress retating to bankruptcy, the bankrupt or debtor, his or her receiver or trustee, or

any interested party may petition the court in which the judgment was rendered against such bankrupt or debtor for an order to cancel

and discharge such judgment. The petition shaLt be accompanied by a certified copy of the discharge of said bankrupt or by a certified

copy of the order of confirmation of the arrangement fited by said debtor. The petition, accompanied by copies of the papers upon

which it is made, shatl be seryed upon the judgment creditor in the manner prescribed for service of process in a civil action. lf itappears upon the hearing that the bankrupt or debtor has been discharged from the payment of that judgment or of the debt upon

which it was recovered, the court shatI enter an order canceling and discharging said judgment. The order of cancettation and

discharge shaLt have the same effect as a satisfaction of iudgment, and a certified copy thereof may be recorded in the same manner

as a satisfaction of rudgment. This section shatt appty onty to tiens under judgments or obtigations duty scheduted in the bankruptcy

proceedings.

Hfstory. s. 1, ch. 70-12; s- 297, ch. 95-147.

55.146 Certain property exempt.-Att property in this state of a judgment debtor where the judgment is in favor of any state

for failure to pay that state's income tax on benefits received from a pension or other retjrement plan is exempt from forced sate

under process of any court, and no such judgment or execution based thereon shaLt be a tien on such p.operty.History.-s. 15, ch. 90-141.

55.20 t Central database of Judgment llens on personal property.- The Department of State shatt maintain a database ofjudgment tien fjles estabtished in accordance with ss. 55.201-55.209.

Hiltory.-s. 8, ch. 2000-258; s. 1, ch. 2001.154.

55.202 Judgments, orders, and decrees; lien on personal property,-(1) A judgment tien securing the unpaid amount of any money judgment may be acquired by the hotder of a iudgment:(a) Enforceable in this state under its laws or the taws of the lJnited States;

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(b) Entered by an issuing tribunat with respect to a support order being enforced in this state pursuant to chapter 88; or(c) Enforceabte by operation of taw pursuant to s. 6'1.14(6).(2) A iudgment tien may be acquired on a judgment debtor's interest in att personal property in this state subject to execution

under s. 55.06'1, other than fixtures, money, negotiabte instruments, and mortgages.(a) A iudgment lien is acquired by fiting a judgment tien certifjcate in accordance with s. 55.203 with the Department of State

after the judgment has become fjnal and if the time to move for rehearing has lapsed, no motion for rehearing is pending, and no stayof the judgment or its enforcement is then in effect. A court may authorize, for cause shown, the filing of a judgment Uen certificatebefore a iudgment has become final when the court has authorized the issuance of a writ of execution in the same matter. A judgment

tien certificate not fited in comptiance with this subsection is permanentty void and of no effect.(b) For any lien, warrant, assessment, or judgment cottected by the Department of Revenue, a judgment Lien may be acquired by

fiting the iudgment tien certificate information or warrant with the Department of State in accordance with subsection (5).

(c) Except as provided in s. 55.208, the effective date of a iudgment tien is the date, inctuding the time of day, of fiting. Atthough

no tien attaches to property, and a creditor does not become a ljen creditor as to liens under chapter 679, until the debtor acquires an

interest in the property, priority among competing judgment tiens is determined in order of filing date and time.(d) Except as provided in s. 55.204(3), a judgment creditor may file onty one effective judgment tien certificate based upon a

particutar judgment.

(3) Except as otherwjse provided in s. 55,208, the priority of a judgment tien acquired in accordance with this section or s.

55.204(l) is estabtished at the date and time the judgment tien certificate is fited.(4) As used jn ss. 55.201-55.209, the terms "holder of a judgment" and "iudgment creditor" inctude the Department of Revenue

with respect to a judgment being enforced by the Department of Revenue as the state lV-D agency.

(5) Liens, assessments, warrants, or judgment5 fited pursuant to paragraph (2)(b) may be fited directty into the centrat database by

the Department of Revenue, or its designee as determined by its executive director, through etectronic or information data exchange

programs approved by the Department of State. Such filings must contain the information set forth in s. 55.203(1).Hlstory. s.9, ch.2000-258; s. 2, ch.2001_154;s. 2, ch.2002_218; s.2, ch.2005-241.

55.203 Judgment lien certificate; content, filing, and indexing.

(1) An originat judgment lien certificate must include:

(a) The tegat name of each judgment debtor and, if a recorded tegat entity, the registered name and document fiting number as

shown in the records of the Department of State.

(b) The tast known address and the social security number or federal emptoyer identification number of each judgment debtor ifshown on the judgment itsetf.

(c) The tegal name of the judgment creditor and, if a recorded tegat entity, the registered name and document filing number as

shown in the records of the Department of State, and the name of the judgment creditor's attorney or duly authorized representative,

if any.

(d) Ihe address of the judgment creditor.(e) The identity of the court which entered the iudgment and the case number and the date the written judgment was entered.

(i) The amount due on the money judgment and the applicabte interest rate.

(g) The signature of the judgment creditor or the iudgment creditor's attorney or duty authorized representative.

(h) With respect to a tien acquired by a detivery of a writ of execution to a sheriff prior to October 1 , 2001 , an affidavit by thejudgment creditor which attests that the person or entity possesses any documentary evidence of the date of delivery of the writ, and

a statement of that date or a certification by the sheriff of the date as provjded in 1s. 30.17(4).

(2) A second iudgment tien certificate, as provided in s. 55.204(3), must inctude the information required in subsection (1) and

must state the fite number assigned to the file of the originat judgment lien certificate, the money amount remaining unpaid, and the

interest accrued thermn.(3) An amendment, as provided in s. 55.206, or a correction statement, as provided in s. 55.207, must state the file number of the

judgment Lien file to which the amendment or correction statement retates and must state the action, change, or statement to be

added.

(4) The Department of State shall examine, for comptiance with ss. 55.201-55.209, each document submitted for iiting and shatt

accept or reject the document accordingLy. For each judgment tien certificate fited, the department shatt:

(a) Create a fite.(b) tusign a unique file number to the record.

(c) lnctude the date and time of filing of the judgment lien certificate.

(d) itaintain the fite in a database accessible to the pubtic via the lnternet.(e) lndex the judgment tien certifjcate according to the name of each judgment debtor.

(f) lndex att subsequentty filed documents retating to an original iudgment tien certificate in a manner that associates them to the

originat iudgment tien certificate.(5) A iudgment tien certificate substantiatty satjsfying the requirements of this section is effective even if it has minor erro6 or

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omissions that make the fiting seriousty misLeadjng.

(6) The Department of State shalt prescribe mandatory forms of atl documents to be filed under this section.Hhtory. s. 10, ch.20m.258i e.3, ch. 2001-154.1Note.

Repealed by s. 5, .h. 2005-2.

5r.204 Duration and continuation of iudgrnent llen; destruction of records.(1) Except as provided in this section, a judgment tien acquired under s. 55.202 Lapses and becomes invalid 5 years after the date

of fiting the judgment Uen certificate.(2) Ljens securing the payment of child support or tax obtigations under s. 95.09'l (1)(b) tapse 20 years after the date of the originat

fiting of the warrant or other document required by taw to 6tablish a lien. Liens securing the payment of reemptoyment assistance taxobtiSations lapse 10 years after the date of the orisinal fiting of the notice of lien. A second tien based on the originat fiting may not beobtained.

(3) At any time within 6 months before or 6 months after the scheduted tapse of a iudgment Uen under subsection (1), thejudgment creditor may acquire a second judgment lien by fiting a new judgment lien certificate. The effective date of the secondjudgment tien is the date and time on which the judgment Lien certificate is fited. The second iudgment lien is a new judgment tien

and not a continuation of the originat judgment tien. The second judgment tien permanently lapses and becomes invalid 5 years afterits fiLing date, and additionat tiens based on the original iudgment or any iudgment based on the original judgment may not be

acquired.

(4) A judgment lien continues onty as to itemized property for an additionaL 90 days after lapse of the tien. Such judgment tien

continues only if:(a) The property was itemized and its tocation described with sufficient particutarity in the instructions for tevy to permit the

sheriff to act;(b) The instructions for the tevy had been delivered to the sheriff before the date of tapse of the [ien; and

(c) The property was located in the county in which the sheriff has jurisdjction at the time of detivery of the instruction for tevy.

Subsequent removaL of the property does not defeat the tien. A court may order continuation of the tien beyond the 90-day period on a

showing that extraordinary circumstances have prevented levy.

(5) The date of tapse of a judgment tien whose enforceability has been temporarily stayed or enioined as a resutt of any tegal or

equitabte proceeding is totted untit 30 days after the stay or iniunction is terminated,

(5) lf a second judgment tien is not fiLed, the Department of State shatl maintain each judgment tien fite and atl information

contained therein for a minimum of 1 year after the iudgment tien lapses in accordance with this section. lf a second judgment lien is

fiLed, the department shatt maintain both fite5 and alt information contajned in such fites for a minimum of 1 year after the second

judgment tien Lapses.

(7) This section does not extend the tife of a judgment tien beyond the time that the undertying iudgment, order, decree, or

warrant otherwise expires or becomes invalid pursuant to taw.

History.-s. 11, ch.2000-258; s.4, ch.2001-154; s. l, ch.2005'241;s. 3, ch.2010-90; s. 1, ch 2010-138; s.34, ch.2012-10.

55,205 Effect of judgment lien.-('l ) A iudgment creditor who has not acquired a judgment tien as provided in s. 55.202 or whose tien has tapsed may neverthetess

proceed against the judgment debtor's property through any appropriate judicial process. Such iudgment creditor proceeding by writ

of executjon acquires a lien as of the time of tevy and only on the property levied upon. Except as provided in s. 55.208, such

judgment creditor takes subiect to the ctaims and interest of priority iudgment creditors.

(2) A buyer in the ordinary course of business a5 defined in s. 671.20'l(9) takes free of a judgment tien acquired as provided in s.

55.202 or s. 55.204 even though the buyer knows of its existence. A valid security interest as defined jn chapter 679 in after-acquired

property of the judgment debtor which is perfected before the debtor acquires an interest in the property takes priority over thejudgment tien on the after-acquired property.

(3) An individual buyer of goods for personat, famity, or househotd use who buys the goods irom a setter who held the goods for

personat, famity, or househotd use, and who pays value without knowtedge that the goods are subject to a judgment tien, is entitled,

to the extent of the vatue paid, to a ljen on the goods superior to the judgment tien. lf the buyer has made improvements to the

goods, or other reasons justify doing so, a court may adiust the amount secured by the tien as the equities may require. This

subsection shatt not appty to:

(a) A transfer to a retative or an insider of the judgment debtor, as such are defined at s.726.102|.

(b) A fraudulent transfer, as defined by s. 726.105, s. 726.106, o( 11 U.S.C. s, 548;

(c) A frauduLent asset conversion as defined by s. 222.30;

(d) Twenty-five percent of the transfer of goods by a iudgment debtor the vatue of which, in the aggregate, exceeds 510,000;

(e) Fifty percent of the transfer of goods by a judgment debtor the vatue of whjch, in the aggregate, exceeds 520,000;

(f) Seventy-five percent of the transfer of goods by a judgment debtor the value of which, in the aggregate, exceeds 525,000; or

(g) Aoy transfer of goods by a judgment debtor the vatue of which, in the aggregate, exceeds 530,000.

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(4) A buyer of stock in a corporation takes free of a judgment lien hereunder if the buyer payr vatue in good faith without notice asdefined in s. 678.1051.

History.-s. 12, ch. 2000-258; s. 5, ch.2001,154; s.4, ch.2005-241.

55.206 Amendment of Judgment lien file; termination, partial rele.se, as5ignment, continuatlon, tolling, correction.(1) An amendment to a judgment tien acqui.ed as provjded under s. 55.202 may be fjted by or on behaLf of the judgment creditor

of record, which may provide for:(a) The termination, partiat retease, or assignment of the judgment creditor,s interest in a iudgment tien;(b) The continuation and termjnation of the continuation of a judgment lien, as provjded in s, 55.204(4);(c) The totting and termination of the toLting of a tapse of a judgment tien, as provided in s. 55.204(5); or(d) The correction or change of any other information provided in the judgment lien fite.(2) wjthin 30 days fottowing receipt of a written demand by a judgment debtor after the obLigation undertying a judgment tien hat

been futly or partiaLty reteased, the judgment tienhotder must detiver to the judgment debtor a written statement indjcating thatthere is no tonger a ctaim for a lien on the personat property of the judgment debtor or that the judgment tien has been partiattyreteased and setting forth the value of the lien remaining unpaid as of the date of the statement. A statement signed by an assignee

must include or be accompanied by a separate written acknowtedgment of assignment signed by or for the benefit of the judgment

creditor of record. lf the iudgment tienhotder faits to detiver such a statement within 30 days after proper written demand therefor,the iudgment tienhotder is liabte to the iudgment debtor for Sr00, and for any actuaI or consequential damages, inctuding reasonabte

attomey's fees, caused by tuch faiture to the iudgment debtor. The judgment debtor, the judgment creditor, or assignee may fite such

statement with the Department of state.Hiitory.-s. 13,.h. 2000'258; s. 6, ch. 2001'154.

55.207 Correction ofjudSment lien fite.-(1) A person may fite with the Department of State a correction statement with respect to a judgment ljen fite, as provided in s.

55.203, indexed under any person's name, if the person believes that the file is inaccurate or that the judgment lien certificate was

wrongfutty fited.(2) A correction statement must:(a) State the judgment debtor named and the fite number assigned to the judgment tien fite to which the correction statement

retates;

(b) lndicate that it is a correction statemenu(c) Provide the basis for the person's betief that the judgment tien certificate was wrongfutty fited or the fite is inaccurate; and

(d) lndicate the manner in which the person beljeves the fite shoutd be corrected to cure any inaccuracy.(3) The department shatt ensure that a correction statement is indexed and avaitabte in the same manner as any fited lien

certificate in the centraL database of judgment tien fites.

(4) The fiting of a correction statement does not affect the effectiveness of the judgment tien or other fr'ting.History.-s. 14, ch. 2000-258; s. 7, ch. 2001.154.

55.208 Effect of filed judgment lien on writs of execution previously delivered to a sherlff.(1) Any tien created by a writ of execution which has been detivered to the sheriff of any county before October 1, 2001, remains

in effect for 2 years thereafter as to any property of the judgment debtor tocated in that county before October 1, 200', and

remaining within that county after that date. As to any property of the judgment debtor brought into the county on or after October 1,

200'1, such writs create no [ien, inchoate or otherwise.(2) lf a judgment creditor who has detivered a writ of execution to a sheriff in any county prior to October 1, 2001, property fites a

judgment tien certificate with the Department of State by October 1, 2003, the resutting judgment tien is deemed fited on the date the

writ was delivered to the sheriff as to att property of the iudgment debtor subiect to execution in this state under s. 56.061 which is

tocated in that county on October 1, 200'1, and that remains continuousty in that county thereafter. Priority of such iudgment liens is

determined as of the effective date they are considered to have been fited. As to att other property of the iudgment debtor, the

effective date of the judgment lien is as provided in s. 55.202. The duration of att judgment tiens is as provided in s. 55.204,

(3) lf a judgment creditor who has detivered a writ of execution to a sheriff in any county before Octobe|l, 2001, does notproperLy fite a judgment tien certificate with the Department of State by October 1, 2003, such writ is considered to have been

abandoned and to be of no effect after October 1, 2003,tIstory.-s. 15, ch. 2000-258; s. 8, ch.2001-154.

55.209 Department of State; processlng fees, r6ponslbilities,-(1) Except for tiens, assessments, warrants, or judgments fited electronicatty as provided in s. 55.202(2)(b), the Department of

State shalt cotlect the fottowing nonrefundabte processing fees for atl documents filed in accordance with ss. 55.201-55.209:

(a) For any iudqment lien certificate or other documents permjtted to be filed, S20.

(b) For the certification of any fited document, 510.

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(c) For copies of iudgment lien documents which are produced by the Department of State, 51 per page or part thereof. However,no charge may be cotlected for copies provided in an online etectronic format via the lnternet.

(d) For indexing a judgment tien by muttipte judgment debtor names, 55 per additjonat name.(e) For each additionat facing page attached to a judgment tien certificate or document permitted to be fited, 55.(2) Untess otherwise provided by taw, the Department of State may not conduct any search of the database e5tabUshed under s.

55,201 to determine the existence of any judgment lien fite or to perform any seMce other than in connection with those services forwhich payment of services are required under this section. The information maintained in the databare is for pubtic notice purposes

onty and the department may make no certificatjon or determination of the vatidity of any judSment tien acquired under ss, 55.202and 55.204(3).

ttlstory. t. 16, ch.2000-258;s. 14, ch.2001.60;s.9, ch.2001'154.

55.501 Florida Enforcement of Foreign Judgments Act; short title.-Sections 55.501-55.509 may be cited as the "FtoridaEnforcement of Foreign Judgments Act."

History. s. 1, ch.84-5.

55.502 Con5truction of act.(1) As used jn ss. 55,501-55.509, the term "foreign iudgment" means a judgment, decree, or order of a court of any other state,

territory or commonwealth of the United States, or of the tjnited States if such judgment, decree, or order is entitted to futt faith and

credit in this state.(2) This act shatt not be construed to impair the right of a judgment creditor to bring an action to enforce his or her judgment

instead of proceeding under this act.(3) This act shatl be interpreted and construed to effectuate its generat purpose to make uniform the law with respect to the

subject of this act among states enacting it.(4) Nothing contained in this act shatt be construed to atter, modify, or extend the tjmitation period appticabte for the

enforcement of foreign judgments.

History. 'ss. 2, 8, ch. 84-5; s. 16, ch. 94'348; s. 1158, ch.95'147i e. Z, ch. 2O11'16a.

55.503 Recording and status of foreign ,udgments; fees.-(1) A copy of any foreign judgment certified in accordance with the taws of the United States or of this state may be recorded in

the office of the cterk of the circuit court of any county. The cterk shatt fite, record, and index the foreign judgment in the same

manner as a judgment of a circuit or county court of this state. A judgment 50 recorded shatl have the same effect and shatt be subject

to the same rules of civit procedure, legat and equitabte defenses, and proceedings for reopening, vacating, or staying judgments, and

it may be enforced, reteased, or satisfied, a5 a judgment of a circuit or county court of thjs state.(2) Any person recording a foreign judgment shalt pay to the cterk of the circuit court a service charge as is required for the

recording of an originaL action demanding the retief or judgment granted in the foreign iudgment.History.-ss. l, 7, ch. 84.5.

55.505 Notice of recording; prerequi3ite to enforcement.(1) At the time of the recording of a foreign iudgment, the judgment creditor shall make and record with the clerk of the circuit

court an affidavit setting forth the name, sociat security number, if known, and last known post office address of the iudgment debtor

and of the judgment creditor.(2) Promptty upon the recording of the foreign judgment and the affidavit, the cterk shall mait notice of the recording of the

foreign iudgment, by registered mait with return receipt requested, to the judgment debtor at the addrBs given in the affidavit and

shall make a note of the maiting in the docket. The notice shatL inctude the name and post office address of the judgment creditor and

of the judgment creditor's attorney, jf any, in this state. ln addition, the iudgment creditor may mait a notice of the recording of thejudgment to the iudgment debtor and may record proof of maiting with the cterk. The faiture of the cLerk to mait notice of recording

witl not affect the enforcement proceedings if proof of maiting by the judgment creditor has been recorded.

(3) No execution or other process for enforcement of a foreign judgment recorded hereunder shatt issue untit 30 days after the

maiting of notice by the cLerk and payment of a service charge of up to S42 to the cterk. When an action authorized in s. 55.509(1) is

filed, it acts as an automatic stay of the effect of this section.History.-r. 4, ch. 84'5; s. 12, ch. 93-250; s. 17, ch. 94-l{a; s. 70, ch. 2001_402; s. 26, ch. 2008-111.

55.507 Lien; when effective.-A foreign judgment do€5 not operate as a tien untit 30 days after the majting of notice by the

cterk. When an action authorized in s. 55.509(1) is fited, it acts as an automatic stay of the effect of this section.Hirtory.-r. 5, ch. 84-5.

55.509 Stay of enforcement of foreign judgment,-(1) lf, within 30 days after the date the foreign judgment is recorded, the judgment debtor fites an action contesting the

iurisdiction of the court which entered the foreign judgment or the vatidity of the foreign judgment and records a tis pendens directed

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toward the foreign judgment, the court shatl stay enforcement of the foreign judgment and the judgment tien upon the fiting of theaction by the judgment debtor.

(2) lf the iudgment debtor shows the circuit or county court any ground upon which enforcement of a judgment of any circuit orcounty court of this state woutd be stayed, the court shatt stay enforcement of the foreign judgment for an appropriate period, uponrequiring the same security for satisfaction of the judgment whjch is required in this state.

tfstory.-s. 6, ch. 84.5.

55.601 lJniform Out-of-country ForeiSn Money-Judgment Recognition Act; short title.-Sections 55.601-55.607 may be citedas the "Uniform Out-of-country Foreign Money-Judgment Recognition Act."

Hlitory.-s. 1, ch. 94-219.

55.602 Deflnitions. As used in this act, the term:(1) "Foreign state" means any governmental unit other than the United States, or any state, district, commonwealth, territory,

insutar possession thereof, or the Panama Canal Zone, the Trust Territory of the Pacific lstands, or the Ryukyu lstands.(2) "Out-of-country foreign judgment" means any judgment of a foreign state granting or denying recovery of a sum of money,

other than a judgment for taxes, a fine, or other penatty.ttlitory. s.2, ch. 94-219; s. 5, ch.2005.241.

55.603 Applicability.-This act appties to any out-oi-country foreign judgment that is fjnaI and conctusive and enforceabtewhere rendered, even though an appeat therefrom is pending or is subject to appeat.

History. s.3, ch. 94-219; s. 6, ch.2005-241.

55.604 Recognition and enforcement. Except as provided in s. 55.605, an out-of-country foreign iudgment meeting therequirements of s. 55.603 is conctusive between the parties to the extent that it grants or denies recovery of a sum of money.

Procedures for recognition and enforceabitity of an out-of-country foreign iudgment shalt be as fotLows:

(1) The out-of-country foreign judgment shatl be fited with the cterk of the court and recorded in the public records in the county

or counties where enforcement is sought.

(a) At the time of the recording of an out-of-country foreign iudgment, the judgment creditor shatl make and record with the cterk

of the circuit court an affidavit setting forth the name, social security number, if known, and last known post-office address of the

iudgment debtor and of the judgment creditor.(b) Promptty upon the recording of the out-of-country foreign judgment and the affidavit, the cterk shalt mait notice of the

recording of the out-of-country foreign iudgment, by registered maiL with return receipt requested, to the judgment debtor at theaddress given in the affidavit and shatt make a note of the maiting jn the docket. The notice shatt inctude the name and address of thejudgment creditor and of the judgment creditor's attorney, if any, in this state. ln addition, the judgment creditor may mail a notice

of the recording of the judgment to the judgment debtor and may record proof of mailing with the cterk. The faiture of the cterk tomait notice of recording wilt not affect the enforcement proceedings if proof of mailing by the judgment creditor has been recorded.

(2) The iudgment debtor shatl have 30 days after service of the notjce to file a notice oi objectjon wjth the clerk of the court

specifying the grounds for nonrecognition or nonenforceability under this act.

(3) Upon the apptication of any party, and after proper notice, the circuit court shatt have jurisdiction to conduct a hearing,

determine the issues, and enter an appropriate order granting or denying recognition in accordance with the terms of this act.

(4) lf the judgment debtor faits to fite a notice of objection within the required time, the cterk of the court shatL record a

certificate stating that no objection has been fited.

(5) Upon entry of an order recognizing the out-of-country foreign iudgment, or upon recording of the cterk's certificate set forth

above, the out-of-country foreign judgment shalt be enforced in the same manner as the judgment of a court of this state.

(6) Once an order recognizing the out-of-country foreign judgment has been entered by a court of this state, the order and a copy

of the iudgment may be recorded in any other county of this state without further notice or proceedings, and shatt be enforceable in

the same manner as the judgment of a court of this state.(7) A tien on real estate in any county shatl be created onty when there has been recorded in the official records of the county (a)

a certified copy of the judgment, and (b) a copy of the cterk's certjiicate or the order recognizing the out-of-country foreign

judgment. The priority of such lien witt be estabtjshed as of the time the tatter of the two recordings has occurred.

{8) A iudgment tien on personat property is acquired onty when a judgment tien certificate is filed in accordance with s. 55.203

with the Department of state.tlbtory.-s. 4, ch. 94.219; s.77, ch.99-251; s. 17, ch. 2000-258i s. 10, ch. 2001-154; s. 7, ch. 2005'241.

55.605 Groundsfornonrecognition.-(1) An out.of-country foreign iudgment is not conclusive if:(a) The iudgment was rendered under a system which does not provide impartiat tribunaLs or procedures compatibte with the

requirements of due process of taw.

(b) The foreign court did not have personat jurisdiction over the defendant.

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(c) The forer'gn court did not have jurisdiction over the subiect matter.(2) An out-of-country foreign judgment need not be recognized if:(a) The defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable him

or her to defend.(b) The judgment was obtained by fraud.(c) The cause of action or ctaim for retief on which the judgment is based is repugnant to the pubtic policy of this state.(d) The iudgment confticts with another finat and conclusive order.(e) The proceeding in the foreiSn court was contrary to an agreement between the parties under which the dispute in question was

to be settted otherwise than by proceedings in that court.(f) ln the case of jurisdiction based onty on personat service, the foreign court was a seriously inconvenient forum for the triat of

the action.(g) The foreign jurisdiction where iudgment was rendered would not give recognition to a sjmitar judgment rendered in this state.(h) The cause of action resulted r'n a defamation judgment obtained in a jurisdiction outside the United States, unless the court

sitting in this state before which the matter is brought first determines that the defamation taw apptied in the foreign court'sadjudication provided at least as much protection for freedom of speech and press in that case as woutd be provided by the UnitedStates Constitution and the State Constitution.

Hlstory.-s. 5, ch. 94.219; s. 1159, ch. 95-147; s. 78, ch. 99'251; s. 11, ch. 2001-154; s. 8, ch. 2005-241; s. 1, ch. 2009.232.

55.6055 Foreigndefamationjudgment.(1) For the purposes of rendering declaratory relief with respect to a person's tiabitity for a foreign defamation iudgment and

determining whether the foreign defamation judgment should be deemed nonrecognizabte under s. 55.605, the courts of this statehave personatjurisdiction over any person who obtains a iudgment in a defamation proceeding outside the United States against anyperson who:

(a) ls a resident of this state;(b) ls a person or entity amenabte to the jurisdiction of this state;(c) Has a5sets in this state; or(d) [lay have to take action in this state to compty with the judgment.

(2) This sectjon appties to judgments rendered in defamation proceedings outside the United States before, on, or after JuLy 1,

2009.Hlstory.-s. 2, ch. 2009'212.

55,606 Personal ju.isdiction. The out-of-country foreign judgment shatl not be refused recognition for Lack of personat

jurisdiction if:(1) The defendant was served personalty in the foreign ttate;(2) The defeadant votuntarity appeared in the proceedings, other than for the purpose of protecting property seized or threatened

with seizure in the proceedings or of contesting the iurisdiction of the court over him or her;

(3) The defendant, prior to the commencement of the proceedings, had agreed to submit to the jurisdiction of the foreign court

with r$pect to the subject matter invotved;(4) The defendant was domicited in the foreign state when the proceedings were instituted, or, being a body corporate, had its

principat pLace of business, was incorporated, or had otherwise acquired corporate status, in the foreign state;

(5) The defendant had a business office in the foreign state and the proceedings in the foreign court involved a cause of action or a

claim for relief arising out of business done by the defendant through that office in the foreign state; or(6) The defendant operated a motor vehicte or airptane in the foreign state and the proceedings involved a cause of action or ctaim

for retief arising out of such operation.ltlstory. s. 6, ch. 94-2]9; s. 1160, ch. 95.147; s. 9, ch. 2005-241.

55.607 Stay in case of appeal.-lf the defeodant satisfies the court that an appeat is pending, or that he or she intends to

appeat, and that he or she has obtained a stay of judgmentJrom the foreign court, the court may stay the proceedings untit the appeat

has been determined or untit the expiration of a period of time sufficjent to enabte the defendant to prosecute the appeat.

History. s. 7, ch.94-219i s 1161,(h.95.147.

Copyright O 1995 2015 The Florida LegisLature . Privacv Statement . Contact Us

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The zor4 Florida Statutes

Titte vl chaoter 77 view Entire chapterCIVIL PRACTICE AND PROCEDURE Cnntrrsnmrtr

CHAPTER 77

GARNISHA.TENT

77.01 Right to writ of garnishment.

77.02 Garnishment in tort actions.77.03 lssuance of writ after judgment.

77.0305 Continuing writ of garnishment agajnst satary or wages.

77.031 lssuance of writ before iudgment.77.04 Writ; form.

77.041 Notice to individuat defendant for ctaim of exemption from garnishment; procedure for hearing.77.055 furvice of garnishee's answer and notice of right to dissolve writ.77.06 Writ; effect.77.061 Repty.

77.07 Dissotution of writ.77.08 Writ; jury triat.77.081 Defautt;judgment.77.082 No repty fited.

77.083 Judgment.

77.13 Execution on garnishee's refusat to surrender property.

77.14 Disposjtion of property surrendered by garnishee.

77,'15 Proceedings against third persons named in answer.

7/.16 Ctaims by third persons to garnisheed property.

77,17 Compensation to garnishee.

77.'19 A.nount retained by garnishee.

77.22 Before judgment; effect of judgment for defendant.

77,24 Before judgment; discharge.

77.27 No appeaLuntjtfees are paid.

77.28 Garnishment; attorney fees, costs, expenses; deposit required.

77 ,01 Right to writ of ga.nishment. Every person or entity who has sued to recover a debt or has recovered judgment in any

court against any person or entity has a riSht to a writ of garnishment, in the manner hereinafter provided, to subject any debt due todefendant by a third pe6on or any debt not evidenced by a negotiable instrument that wilt become due absolutety through the passage

of time onty to the defendant by a third person, and any tangible or intangibte personat property of defendant in the possession orcontrot of a third person. The officers, agents, and emptoyee5 of any companies or corporations are third persons in regard to thecompanies or corporations, and as such are subject to garnishment after judgment against the companies or corporations,

History. s. 1,ch.41, 1845;s. 1,ch. 1718, 1887; R51566; s. 1,ch.4136, 1891;GS2130;s. 1,ch.6910, 1915;RGS3411;CGl5284;r.27,ch.67-251;s.21,ch.2000-258; s. 14, ch. 2001'154.

77.02 Garnishment in tort actions.-Before iudgment against a defendant no wrjt of garnishment shatl issue in any action

sounding jn tort.Hiitory.-s. 1, ch. 7152, 1917; RGS l4l2; CGL 5285; t.77, ch- 67-234-

77.01 lssuance of writ after judgment.-After judgment has been obtained against defendant but before the writ ofgarnishment is issued, the ptaintifi, the plaintiff's agent or attorney, shatt fiLe a motion {which shalt not be verified or negative

defendant's exemptions) stating the amount of the judgment. The motion may be fited and the writ issued either before or after the

return of execution.Hlstory,-ss. 1,14,ch.43, 1845; RS1667;5. 1,ch.4193, 1895;GS2111;RGSl4ll;CGL5286;s 27,ch 67-254; s. 183, ch. 95'147; s. 13, ch 2005'741-

77.0305 Continuing writ of garnishment against salary or wages.- Notwithstanding any other provision of this chapter, if satary

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or wages are to be garnished to satisfy a judgment, the court shatt issue a continuing writ of garnishment to the judgment debtor,semployer which provides for the periodic payment of a portion of the satary or wages of the judgment debtor as the safary or wagesbecome due until the iudgment is satisfied or untit otherwise provided by court order. A debtor's status as an emptoyee of the state orits agencies or potiticaL subdjvisions does not prectude a judgment creditor's right to garnish the debtor,s wages. For the purposes ofthis section, the state includes the judiciat branch and the tegistative branch as defined in s. 216.011. The state, for itsetf and for itsagencies and subdivisions, waives sovereign immunity for the express and limited purpose necessary to carry out thjs section. The courtshatt atlow the judgment debtor's emptoyer to cottect up to 55 against the ratary or wages of the judgment debtor to reimburse theemployer for administrative costs for the first deduction from the judgment debtor's salary or waqes and up to 52 for each deductionthereafter. The funds coltected by the state under this section must be deposited in the Department of Fjnancial ServicesMministrative Trust Fund for purposes of carrying out thjs section.

tfistory.-s. 1, ch.88-295;s.2, ch.93-69i s. 1, ch.93-256; s. j07. ch.200t-261.

77,o31 lrsuance of writ before judgment,- Before judgment has been obtained by the ptaintiff against the defendant:(1) A writ of garnishment shatt be issued by the court or by the cterk on order of the court.(2) To obtain issuance of the writ, the pLaintiff, or the plaintiff's agent o. attorney, shatt file in the court where the action is

pending a verified motion or affidavit atteging by specific facts the nature of the cause of action; the amount of the debt and that thedebt for which the ptaintiff sues is just, due, and unpaid; that the garnishment is not sued out to injure either the defendant or thegarnishee; and that the ptaintiff believes that the defendant wilt not have in hjs or her possession, after execution is issued, tangibteor intangible property in thjs state and in the county in which the action is pending on which a levy can be made sufficient to satisfythe plaintiff's claim. The writ of garnishment shalt set forth a notice to the defendant of the right to an immediate hearing fordissotution of such writ pursuant to s. 77.07. Upon issuance of the writ of gamishment, the clerk of the court shatt provjde by mait acopy of the writ to the defendant.

(l) Except when the ptaintiff has had an attachment writ issued, no writ of gamishment before judgment shatt issue untit theptaintiff, or the plaintiff's agent or attorney, gives a bond with surety to be approved by the cterk payabLe to the defendant in at teastdoubte the amount of the debt demanded, conditioned to pay att costs, damages, and attorney's fees that the defendant sustains inconsequence of the plaintiff's improperty suing out the writ of garnishment. A garnishment bond is not void or voidable because of aninformatity in it, nor shatt the obLigors be discharged because of the informatity, even though the garnishment is dissolved because ofthe info.matity.

(4) The motion or pteading need not negative any exemptions of the defendant.Hlstory.-.t- 11, ch. 41, 1845; RS 1680; s. 1, ch. 4393, 1895; GS 2144; s. 2, ch. 6910, 1915; RGS 1446i CGL5299; e.7,.h.29717, 1955; s.27, ch.67-234t s. 1, ch.

8l-97; t. 8, th. 85-80; s. 184, ch. 95-147.

Note.- Former s. 77,18,

77.o4 Writ; fo.m.-The writ shatl require the garnishee to serve an answer on the ptaintiff withjn 20 days after service of thewrit stating whether the garnishee is indebted to the defendant at the time of the answer, or was indebted at the time of service ofthe writ, plus up to 1 business day for the garnishee to act expeditiousty on the writ, or at any time between such times; jn what sumand what tangible or intangibte personat property of defendant the garnishee has in his or her possession or controt at the time of hisor her answer, or had at the time of the service of the writ, or at any time between such times; and whether the garnjshee knows ofany other person indebted to defendant, or who may have any of the property of defendant in his or her possession or control. The writ5hall state the amount named in ptaintiff's motion. lf the garnishee is a business entity, an authorized emptoyee or agent of the entitymay execute, file, and serve the answer on behatf of the entity.

Hittory. s. 1,ch.43, 1845;RS1668;s. 1,ch.4193, 1895;GS2112; RGS 1434; CGL5287;s. 11, ch. 28101, 1951; s. 27, ch.67,254; s. 385, ch.95-147;s. 14,ch.2005-241; s. 1, ch. 2013-233.

77.O41 Notice to individual defendant for claim of exemption from garnishment; procedure for hearing.-(1) Upon application for a wrjt of garnishment by a ptaintiff, if the defendant js an individuat, the cterk of the court shalt attach to

the writ the fottowing "Notice to Defendant":

NOTICE TO DEFENDANT OF RIGHT AGAINST

GARNISHMENT OF WAGEs, MONEY,

AND OTHER PROPERTY

The writ of Garnishment detivered to you with this Notice means that wages, money, and other property betonging to you have beengarnished to pay a court judgment against you. HowEvER, YOU MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES, MONEY, ORPROPERTY, READ THIS NOTICE CAREFULLY.

State and federat taws provide that certajn wages, moneyr and property, even if deposited in a bank, savings and loan, or creditunjon, may not be taken to pay certain types of court judgments. Such wages, money, and property are exempt from garnishment. Themajor exemptions are tisted betow on the form for Ctaim of Exemption and Request for Hearing. This List does not inctude att possibteexemptions. You shoutd consutt a tawyer for specific advice.

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IF AN EXEMPT10N FROM CARNiSHMENT APPLIES TO YOU AND YOU WANT TO KEEP YOUR WAGE5,MONEY,AND OTHER PROPERTY

FROM BEING GARNlSHED,OR TO RECOVER ANYTHINC ALREADY TAKEN,YOU MuST coMPLETE A FO田 Ч FOR CLA:M OF EXEMPT10N ANDREQUEST FOR HEARlNG AS SET FORTH BELOW AND HAVE THE FORM NOTARlZED IF YOU HAVE A VALID EXEMPT10N,YOU MuST FlLE

THE FO田いWiTH THE CLERK'S OFFICE WiTHIN 20 DAYS AFTER THE DATE YOU RECEIVE THIS NOTICE OR YOU′ ИムY LOSE:MPORTANTRIGHTS YOU MuST ALSO MA:L OR DELiVER A COPY OF THIS FOMA TO THE PLAINTlFF OR THE PLAINTIFF'S ATTORNEY AND THE

GARNISHEE OR THE CARN:SHEE'S ATTORNEY AT THE ADDRESSES LiSTED ON THE WRIT OF GARNISHMENT NOTE THAT THE FOR■

REQUIRES YOU TO COMPLETE A CERTIFICAT10N THAT YOU MAILED OR HAND DELiVERED COPlES TO THE PLAlNTIFF OR THE

PLAINTIFF'S ATTORNEY AND THE CARNISHEE OR THE CARNlSHEE'S ATTORNEY

lf you request a hearin3,itぃntt be hetd as soon as pOssibte after your request is received by the court The plaintiff or the ptaintiff's

attorney must fite any objection■ パthin 8 business days if you hand det,vered to the ptaintiff or the ptaintiff's attorney a copy of the

form for Ctaim of Exemption and RequeSt For Hearing o「 , alternativety, 14 buSiness daysiF yOu maited a copy of the form for ctaim and

request to the ptaintiff or the ptaintiff's attorney lF the ptaintiff or the ptaintiff's attorney fites an obiectiOn tO your Ctaim of

Exemption and Request For Hearing,the cterk witt notify you and the other parties of the time and date of the hearin3 You may attend

the hearing Ⅷth or without an atto「 ney lF the ptaintiff o「 the ptaintiff's attorney faits to fite an objection,no hearing is required,the

wrlt of garnishment witt be dissolved and your wages,money,o「 property witt be reteased

iF YOU HAVE A VALID EXEMPT10N,YOu SHOuLD FILE THE FORい FOR CLA:A10F EXEMPT10N IMMEDlATELY TO KEEP YOUR WAGES,

MONEY,OR PROPERTY FROM BEING APPLIED TO THE COURT JUDGMENT THE CLERK CANNOT GIVE YOU LECAL ADViCE IF YOU NEED

LECAL ASSISTANCE YOu SHOuLD SEE A LAWYER IF YOu CANNOT AFFORD A PRIVATE LAWYER,LECAL SERVICES MAY BE AVAILABLE

CONTACT YOUR LOCAL BAR ASSOCIAT10N OR ASK THE CLERK'5 0FFlCE ABOuT ANY Lに GAL SERVICES PROGR却 1lN YOUR AREA

CLAIM OF EXEMPT10N AND

REQUEST FOR HEAR:NG

l ctaim exemptions from 8arnishment under the fotto、 パヽng cate8o「 ies as checked:

l Head offamity wages (Check either a or b betow,lf appticable)

a l prclvide more than one‐ hatf of the suppoit for a chitd or other dependent and have net ea「 nings of

5750 ortess per week

b l provide more than one‐ hatF of the support fo「 a chitd or other dependent,have net earnings of

more than S750 per week,but have not agreed in wnting to have my wages garnished

2 Sociat Security benefits

3 Supptementat Securlty lncome beneflts

4 Public assistance(wetfare)

5 Workers'Compensat,on

6 Reemptoyment assistance or unemptOyment compensation

7 Veterans'benefits

8 Ret'「ement o「 Profit Sha● ng benefits or pension money

, Life insurance benefits o「 cash surrender vatue of a tife insurance poticy or prOceeds of annuity

contract

1 0 Disabitity income beneFits

ll Prepaid Cottege Trust Fund or Medicat Savings Account

12 0ther exemptions as provided by taw

(e×ptain)

l request a hearing to decide the vatidity of my ctaim Notice of the hearing shoutd be given to me at:

Address:

Tetephone number:

l CERT FY UNDER OATH AND PENALTY OF PERJURY that a copy ofthis CLAIM OF EXttMPT10N AND REQUEST FOR HEARING has been

furnished by(cirCte one)Uゅ ited States mait or hand detivery on ■nsert date),to:J■ ,rtnam6 and addr6s of,い in●ff or Pbln● ff.s attorュ壁and oF

I FURTHER CERTlFY UNDER OATH AND PENALTY OF PER」 URY that the statements made in this request a「 e true to the best of my

knowtedge and betieF

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Defendant's signature

Date

STATE OF FLORIDA

COUNTY OF

Sworn and subscribed to before me this day of (moth and \€arr , by (name of Elq 6akim starm6t)Notary Pubtic/Deputy Cterk

Personatty Known OR Produced ldentificationType of Identification Produced

(2) The plaintiff must mait, by first ctass, a copy of the writ of garnishment, a copy of the motion for writ of garnishment, and, ifthe defendant is an individuat, the "Notice to Defendant" to the defendant'' last known address within 5 business days after the wrjt isissued or 3 business days after the writ is served on the garnishee, whichever is tater. However, if such documents are returned asundetiverabte by the post office, or if the tast known address is not discoverabte after ditigent search, the ptaintiff must mait, by firstctass, the documents to the defendant at the defendant's ptace of employment. The plaintjff shatt fite in the proceeding a certificateof such service.

{3) Upon the fjting by a defendant of a sworn claim of exemption and request for hearing, a hearing witt be held as soon as is

Practicable to determine the vatidity of the ctaimed exemptions. lf the ptaintiff or the ptaintjff's attorney does not fite a sworn writtenstatement that answers the defendant's ctaim of exemptjon within 8 business days after hand deLivering the ctaim and request or,atternatively, 14 business days if the ctaim and request were served by mail, no hearing is required and the cterk must automaticattydissotve the writ and notify the parties of the dissolution by mait.

Hiltory.-s.22, ch.2000-258; s. 15, ch.2001-154; s. 15, ch.2005-241; s.2, ch- 2010-97;s.40, ch.2012,30j s.2, ch.201l-211.

77.055 Service of garnlshee's answer and notice of right to dissolve writ. Within 5 days after service of the garnishee's

answer on the pLaintiff or after the tjme period for the garnishee's answer has expired, the ptaintiff shatl serve, by majl, the fottowingdocuments: a copy of the garnishee's answer, and a notice advising the recipient that he or she must move to dissotve the writ ofgarnishment within 20 days after the date indicated on the certificate of service in the notice if any altegation in the pLaintiff's motionfor writ of garnishment is untrue. The ptaintiff shatt serve these documents on the defendant at the defendant's tast known addressand any other address disctosed by the Sarnishee's answer and on any other person disctosed in the garnishee's answer to have any

ownership interest in the deposit, account, or property controtLed by the garnishee. The ptaintiff shaLt fite in the proceeding a

certificate of such service.Hi3tory.-s. 1, ch.85-272; s.2, ch.88-295; s.386, ch.95-147;s.23, ch.2000-258.

77.06 writ; effect,(1) Service of the writ shatt make garnishee tjabte for att debts due by him or her to defendant and for any tangibte or intangibte

personat property of defendant jn the garnishee's possession or control at the time of the service of the writ or at any tjme betweenthe service and the time of the garnishee's answer. SeNice of the writ creates a tien in or upon any such debts or property at the timeof service or at the time such debts or property come into the garnishee's possession or control.

(2) The garnishee shatl report in its answer and retain, subject to the provjsions of s. 77.19 and subject to disposition as provided

in this chapter, any deposit, account, or tangibte or intangible personat property in the possession or control of such garnishee; and theanswer shalt state the name or names and addresses, if known to the garnishee, of the defendant and any other persons having orappearing to have an ownership interest in the invotved property.

(3) ln any case where a garnishee in good faith is in doubt as to whether any indebtedness or property is required by taw to be

inctuded in the garnishee's answer or retained by it, the garnishee may inctude and retain the same, subject to the proyisions o, s.

77.19 and subject to disposition as provided in this chapter, and in such case the garnishee shatt not be liabte for so doing to thedefendant or to any other person ctaiming the same or any interest therein or ctaiming to have sustained damage on account thereof.

(4) Service of a writ on a garnishee shaLl render him or her tiabte as provided in this chapter in any fiduciary or representativecapacity hetd by him or her if the fiduciary or representative capacity is specified in the writ.

tlistory.-..s. 1, ch. 41, 1845; RS 1670; GS 2134; RGS 3416; CGL 5289; s. 27, ch. 67.254; s. 1, ch. 71-69; s. 1, ch. 74-98; s. 2, ch. 85-27?i s.187, ch.95-147; s.24,ch.2000-258.

77.061 Reply.-When any garnishee answers and ptaintiff is not satjsfied with the answer, he or she shalt serve a repty within 20

days thereafter denying the altegations of the answer as he or she desires. On faiLure of ptaintiff to fiLe a repty, the answer shalt be

taken as true and on proper disposition of the assets, if any are disctosed thereby, the garnishee is entitted to an order discharging him

or her from further tiabitity under the writ.Hktory. s.27, ch.67.254; s. 188, ch.95.147.

77.07 Dissolution of writ.-('l) The defendant, by motion, may obtain the dissolution of a wrjt of garnishment, untess the petitioner proves the grounds upon

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which the writ was issued and untess, in the case of a prejudgment writ, there is a reasonabte probability that the finat judgment inthe undertying action witl be rendered in his or her favor. The court shatl set down such motion for an immediate hearing. lf the writ isdissotved, the action then shatl proceed as if no writ had been issued.

(2) The defendant and any other person having an o^,nership interest in the property, as disctosed by the garnishee's answer, shattfite and serve a motion to dissotve the garflishment within 20 days after the date indicated in the certificate of servjce on thedefendant and such other person of the plaintiff's notice required by s. 77.055, stating that any atlegation in plaintiff,s motion for writis untrue. On such motion this issue shall be tried, and if the attegation in plaintiff's motion which is denied is not proved to be true,the garnishment shatl be dissotved. Faiture of the defendant or other interested person to timety file and 5erve the motion to djssotvewithin such time limitation shatt resutt in the striking of the motion as an unauthorized nuttity by the court, and the proceedings shallbe in a defautt posture as to the party invotved.

(3) lf the motion denies the debt demanded before judgment, the judge may require pleadings on motion of either party on thedebt demanded to be fited in such time as he or she fixe'.

(4) The issue, if any, raised by the pleadings shalL be tried at the same time as the issue, if any, made by defendant's motion toptaintiff's motion,

(5) lf the ptaintiff faits to file a dismissat or motion for finaL judgment withjn 6 months after fiting the writ of garnishment, the writshatt automaticaLly be dissotved and the garnishee shatt be discharged from further tiabitity under the writ. The pLaintiff has the rightto extend the writ for an additional 6 months by serving the garnishee and the defendant a notice of extension and fiting in theundertying proceeding a certification of such service.

tlistory.-s. 1, ch.7l5l, 1917; RGS 1454;CGI5307ts.27,ch.67-254;s-2,.h.81-97; s.3, (h.85-272;e.389, ch.95-147;5_ 16, ch. 2005-241.

77,Og Writ; jury trlal,-On demand of either party a jury summoned from the body of the county shaLl be impaneted to try theissues.

tfl.tory. s. 1,(h.7351, 1917; RGS 3455;CGL 5308;s.27,ch.67-254.

77.081 Default; judgment.-(1) lf the garnishee faits to answer as required, a default shatt be entered against him or her.(2) On the entry of judgment for ptaintiff, a final judgment shatt be entered against the garnishee for the amount of ptaintiff's

claim with interest and costs. No final judgment against a garnishee shalt be entered before the entry of, or in excess of, the finaLjudgment against the original defendant with interest and costs. lf the claim of the ptaintiff is dismissed or judgment is entered against

the ptaintiff the default against garnishee shall be vacated and judgment for the garnishee's costs entered.Hlstory.-s. 11, ch. 43, 1845; RS 1681, 1682; GS 2146,2147; RGS 1448,1449; CGL 5101, 5302; s. 27, ch. 67-254; s. 390, ch. 95.147.

Note.-Former ss. 77.20, 77.21.

77.082 No reply filed.-lf no repty to garnishee's answer is served, garnishee may surrender any goods, chattets, or effects ofdefendant in garnishee's hands or possession to the sheriff and may pay any money or debt into registry of court. ln such event or ifgarnishee prevails in the triat of any repty and after proper disposition of any property disclosed by garnishee's answer, the court shatl

discharge him or her from further tiabiLity under the writ.Hlstory.-s. 27, ch. 67-251; s. 191, ch. 95-147.

77.083 Judgment. Judgment against the Sarnishee on the garnishee's answer or after triat of a repty to the garnishee's answer

shatt be entered for the amount of his or her tiabitity as disctosed by the answer or trial. lnstead of scire facias, the court may

subpoena the garnishee to inquire about his or her tiabitity to or possession of property of the defendant. No iudgment in excess of theamount remaining unpaid on the final judgment against the defendant or in excess of the amount of the tiabitity of the garnishee tothe defendant, Michever js tess, shalt be entered against the gamishee.

History.-s. 27, ch. 67-254; s. 3, ch. 81.97; s. 10, ch. 87-124; s. 392, ch.95-147.

77 .11 Execution on g.rnishee's .efusal to surrender property. - lf garnishee witl not surrender the personal property betonging

to defendant, provided he or she has the power to do so, and which garnishee has admitted is in his or her possession, the court may

order execution issued against garnishee for the unpaid amount of ptaintiff's judgment against defendant. The officer shatl sett

garnishee's property as under other executions. Garnishee may release his or her property from the tevy and sate by surrendering theproperty of defendant to the officer tevying the execution at the time appointed fo. the sate of garnishee's property so leyjed on, or atany time before the day of the sate and by paying the costs of the proceedings to setl up to the time of the surrender.

tlirtory.-s. 5, ch. 43, 1845; RS 1675; GS 2119; RGS 1441; CGL5294; s.27, ch. 67-254; s. 193, ch. 95.147.

77 .14 Disposition of property surrendered by garnishee. When any garnishee has any of the personat property of defendant inhis or her possession or controt and surrenders it, the sheriff shatt receive the property and setl it under the execution against

defendant.Hlstory. 5. 6, ch. 43, 1845; RS1676;GS2140; RGS 3442; CGl5295t t.27, ch.67-254; s.394, ch.95.147.

77.15 Proceedings againgt third per5ons named ln answer.-lf the answer of garnr'shee shows that there is any of defendant's

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personaL property in the possession or controt of any person vvho has not been garnisheed, on motion of ptaintiff a writ of garnishment

shaLt issue against the person having personat property of the defendant and the person shaLl answer and be liabte as other garnishees.tIstory.-s. l, ch. 43, 1845; RS 1677; GS ?141; RGS 3,143, CGL 5296j s. 2, ch.29737,1955i s.27, ch. 67-254.

77.16 Claims by third persons to garnisheed property,-(1) lf any person other than defendant ctaims that the debt due by a garnishee is due to that penon and not to defendant, or that

the property in the hands or possession of any garnishee js that person's property and shalt make an affidavjt to the effect, the courtshatt impanet a iury to determine the riSht of property between the ctaimant and plaintiff untess a jury is waived.

(2) lf the verdict js against the claimant, ptaintiff shall recover costs. lf the verdict is in favor of the claimant, the ctaimant shatt

recover costs against ptaintiff.(3) lf the ctaim is interposed after a tevy on property, the officer making the levy shalt return the execution with the officer's tevy

thereon and the affidavit of the ctaimant to the court from which execution issued, and the procdings shalt be as in other cases ofclaims made to property taken on execution.

Hlstory. s. 8, ch. 41, 1845; RS 1679; GS 2141; RGS 1,145; CGI 5298; s. 27, ch. 67-254; s. 395, ch.95-147.

77.17 Compensation to garnishee. The garnishee shaLl be attowed the pay of a witness for the garnishee's attendance out ofthe debt owed to defendant or the property in the garnishee's posses5ion. lf there is no debt or property in the garnishee's possession,

the allowance shalt be against ptaintiff.History. s.7,ch.41, 1845; RS 1678; GS 2142j RGS 3444; CCl5297i s- 27,.h- 57.254i s.396, ch.95-147.

77.19 Amount retained by garnishee.-No garnishee who is indebted to or has in his or her possession the money of a person

whose money or credits may be garnisheed shatt retain out of the money more than doubte the amount which the writ of garnishment

specifies as the amount ptaintiff expects to recover or more than doubte the amount of the judgment ptaintiff has recovered.History.-s. 2, ch. 4391, 1895i GS 2145; R6S 1447; CGL 5100; s. 27, ch. 67-254; s. 197, ch. 95'147.

77.22 Eefore iudgment; effect of judgment for defendant.-(1) lf the judgment is for defendant in the main action, ptaintiff shall pay alt costs which have accrued jn consequence of suing out

a writ of garnishment before judgment and the money or property brought into the registry of the court or custody of the officer

thereby inures to the benefit of and shatt be controtted by defendant as completety as though it had been rendered in defendant's

favor.(2) If plaintiff dismisses his or her action or has a iudgment against him or her on the triat, the judgment against garnishee shall

become a nuttity and garnishee shall have execution for garnishee's costs against pLaintiff.tlistory.-s. 11, ch. 43, 1845; s. 2, ch. 1100, 1861; RS 1683, 1684; GS 21.48, 2149; RGS 3450, la51; CGL 5103,53U; s.27, ch.67-254; s. 398, ch. 95-147.

Not .-Former ss. 77.22, 77.23.

77 ,24 Before judgment; discharge. At any time before the entry of judgment, a defendant whose property has been

garnisheed may secure its retease by giving a bond with surety to be approved by the cterk in at least doubte the amount ctaimed in

the comptaint with interest and costs, or if the vatue of the property garnisheed is Less than this amount, then in doubte the vatue,

conditioned to pay any judgment recovered against the defendant in the action with interest and costs, or so much thereof as shall

equal the value. On the approval of the bond the court shatt discharge the garnishment and retease the property. The order shatt

become effective on its fiting with the bond. lf garnishee admits a debt to or possession of property of defendant in excess of a sum

sufficient to satisfy ptaintiff's ctaim, on motion of defendant and notjce to plaintjff, the court shall retease garnishee from

responsibitity to ptaintiff for any debt to or property of defendant except in a sum deemed by the court 5ufficient to satisfy plaintiff's

claim with interest and costs.tlirtory. RS1685;GS2150;s. 1,ch.5906, 1909; s. 2, ch. 6910, 1915; RGS1452;CGL5l05t5.27,ch.67'254;s.199,ch.95-147.

77.27 No appeal until fees are paid. lf the writ is dismissed or ptaintiff faits to sustain hisorherclaim, an appeatfrom thejudgment is not permitted untit the attorney fee provided in s. 77.28 has been paid,

Hlstory.--s. 2, ch. ,1030, 1891; GS 1157; RGS 2551; CG14171i s.27, ch.67-754; 5. 400, ch. 95.147; s. 2, ch. ?014'211.

77.28 Garnishment; attorney fees, corts, expenses; depoilt requlred.-Upon issuance of any writ of garnjshment, the party

apptying for it shatl pay 5100 to the garnishee on the ga.nishee's demand at any time after the service of the writ for the payment or

part payment of his or her attorney fee which the garnishee expends or agrees to expend in obtaining representation in response to the

writ. On rendering finat judgment, the court shatt determine the garnishee's costs and expenses, inctuding a reasonable attorney fee,

and in the event of a ,udgment in favor of the ptaintiff, the amount is subject to offset by the garnishee against the defendant whose

property or debt owing is being garnished. ln addition, the court shatl tax the garnishee's costs and expenses as costs. The ptaintiff

may recover in thi! manner the sum advanced by him or her, and, if the amount attowed by the court is greater than the amount paid

together wjth any offset, iudgment for the garnishee shalt be entered against the party against whom the costs are taxed for the

deficiency.Hhtory.-s. 1, ch.21772, 1943;s.27, ch.67-254, \.2, ch.81.301; s. 4, ch.85-272;s. 1, ch.88'214; s.401,ch.95-147;t- 16, ch-2003_402;s. l, ch.2014_211.

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Committee Notes

1992 Amendment. Subdivision (b) is amended to remove the I year limitation for a motion under this rulebased on fraudulent financial affidavits in marital cases.

2003 Amendment. subdivision (b) is amended to clariry that motions must be filed.

RULE I.550. EXECUTIONS AI\D FINAL PROCESS

(a) Issuance. Executions on judgments shall issue during the life of thejudgment on the oral request of the party entitled to it or that party's attomeywithout praecipe. No execution or other final process shall issue until the judgmenton which it is based has been recorded nor within the time for serving a motion fornew trial or rehearing, and if a motion for new trial or rehearing is timely served,until it is determined; provided execution or other final process may be issued onspecial order of the couft at any time after judgment.

(b) Stay. The court before which an execution or other process based on afinal judgment is retumable may stay such execution or other process and suspendproceedings thereon for good cause on motion and notice to all adverse parties.

RULE 1.560. DISCOVERY IN AID OF EXECUTION

(a) In General. In aid of a judgment, decree, or execution the judgmentcreditor or the successor in interest, when that interest appears of record, mayobtain discovery from any person, including the judgment debtor, in the mannerprovided in these rules.

(b) Fact Information Sheet. In addition to any other discovery availableto a judgment creditor under this rule, the court, at the request of the judgmentcreditor, shall order the judgment debtor or debtors to complete form I .977,including all required attachments, within 45 days of the order or such otherreasonable time as determined by the court. Failure to obey the order may beconsidered contempt of court.

(c) Final Judgment Enforcement Paragraph. [n any finaljudgment, thejudge shall include the following enforcement paragraph if requested by theprevailing party or attorney:

"lt is further ordered and adjudged that the judgment debtor(s) shallcomplete under oath Florida Rule of CivilProcedure Form 1.977 (Fact InformationSheet), including all required attachments, and serve it on the judgment creditor'sattorney, or the judgment creditor if the judgment creditor is not represented by an

March 16,2015 Florida Rules of Civil Procedure 118

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attomey, within 45 days from the date ofthis finaljudgment, unless the finaljudgment is satisfied or post-judgment discovery is stayed.

Jurisdiction ofthis case is retained to enter further orders that are proper tocompel thejudgment debtor(s) to complete form 1.977, including all requiridattachments, and serve it on thejudgment creditor's aftorney, or thejudgmentcreditor ifthejudgment creditor is not represented by an attomey.,,

(d) Information Regarding Assets ofJudgment Debtor's Spouse. Inany finaljudgment, ifrequested by the judgment creditor, the court shall includethe additional Spouse Related Portion ofthe fact information sheet upon a showingthat a proper predicate exists for discovery ofseparate income and assets ofthejudgment debtor's spouse.

Committer Notes

1972 Ametrdment The rule is expanded to permit discovery in any manner permitted by the rules andconforms to the 1970 change in Federal Rule ofcivil Procedure 69(a).

2000 Amendment Subdivisions (bHe) were added and panemed after Florida Small Claims Rule7.221(a) and Form 7.343. Although lhejudgmenr credilor is enritled to broad discovery into lhejudgment debtor'sfinances, Fra. R. Civ. p. t.2Eo(q; Jim Appley's Tru-Arc, Inc. v. Liquid Extrgction Systems,526 So. 2d 177, 179 (Fla. 2d DCA 1988), inquiry inro rhe individuat assers oflhe judgment debror's spouse may be

limited unril a proper predicate has been shown. Tru-Arc, Inc. SzA So.2d at t7\ RoSe Printing Co. v.D'Amato,llt so. za 212 (Fla. ld DCA | 976).

Failure to complete form 1.977 as ordered may be considered contempt ofcourt.

2013 Amendment Subdivision (e) was deleted because the filing ofa notice ofcompliance is unnecessaryfor thejudgment creditor to seek relieffiom the court for noncompliance with lhis rule, and because the FactInfornation Sheet itselfshould not be filed with the clerk ofthe court.

RULE I.570. ENFORCEMENT OF FINAL JI]DGMENTS

(a) Money Judgments. Final process to enforce ajudgment solely for thepayment ofmoney shall be by execution, writ ofgarnishment, or other appropriateprocess or proceedings.

(b) Property Recovery. Final process to enforce ajudgment for therecovery ofproperty shall be by a writ ofpossession for real property and by a writofreplevin, distress writ, writ ofgarnishment, or other appropriate process orproceedings for other property.

(c) Performance ofan Act. Ifjudgment is for the performance ofaspecific act or contract:

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{D

(l) the judgment shall speci$.,the time within which the act shallbe performed. Ifthe act is not performed within the time specified, the partyseeking enforcement ofthe judgment shall make an a{fidavit that the judgment hasnot been complied with within the prescribed time and the clerk shall issue a writofattachment against the delinquent party. The delinquent party shall not bereleased from the writ ofattachment until that party has complied with thejudgment and paid all costs accruing because ofthe failure to perform the act. Ifthe delinquent party cannot be found, the party seeking enforcement ofthejudgment shall file an affidavit to this effect and the court shall issue a writ ofsequestration against the delinquent party's property. The writ ofsequestrationshall not be dissolved until the delinquent party complies with thejudgment;

(2) the court may hold the disobedient party in contempt; or

(3) the court may appoint some person, not a party to the action, toperform the act insofar as practicable. The performance ofthe act by the personappointed shall have the same effect as if performed by the party against whom thejudgment was entered.

(d) Vesting Title. Ifthejudgment is for a conveyance, transfer, release,or acquittance ofreal or personal property, thejudgment shall have the effect ofaduly executed conveyance, transfer, release, or acquittance that is recorded in thecounty where thejudgment is recorded. Ajudgment under this subdivision shall beeffective notwithstanding any disability ofa party.

Committ€e Notes

1980 Amendmcnt. This rule has been subdivided and amended to rnake it more easily understood. Nochange in the subslance ofthe rule is intended. Subdivision (d) is partly derived fiom Federal Rule ofCivilProcedure 70.

RULE 1.580. WRIT OF POSSESSION

(a) Issuance. When ajudgment or order is for the delivery ofpossessionofreal property, the judgment or order shall direct the clerk to issue a writ ofpossession. The clerk shall issue the writ forthwith and deliver it to the sheriffforexecution.

(b) Third-Party Claims. Ifa person other than the party against whomthe writ ofpossession is issued is in possession ofthe property, that person mayretain possession ofthe propeny by filing with the sheriffan affidavit that theperson is entitled to possession ofthe property, specirying the nature ofthe claim.

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Thereupon the sheriffshall desist from enforcing the writ and shall serve a copy ofthe affidavit on the party causing issuance ofthe writ ofpossession. The partycausing issuance ofthe writ may apply to the court for an order directing thesheriffto complete execution ofthe writ. The court shall determine the right ofpossession in the property and shall order the sheriffto continue to execute the writor shall stay execution ofthe writ, ifappropriate.

Committee Notes

1960 Ame[dmcnt. There was inadvertently continued the diff€rence between writs ofassistance and \.rritsofpossession when law aod chancery procedure was consolidated. The arnendment eliminates the distinclion. Writsofassistance are combined with writs ofpossession. The ameodmenl provides for issuance and the determination ofthird-party claims. The only change is to shili the burd€n oflhe affidavit ftom lhe person causing the writ to b€executed to the third person who contends that its execulion is inappropriate.

RULE I.590. PROCESS IN BEHALF OF AND AGAINST Pf,RSONSNOT PARTIES

Every person who is not a party to the action who has obtained an order, orin whose favor an order has been made, may enforce obedience to such order bythe same process as ifthat person were a party, and every person, not a party,against whom obedience to any order may be enforced shall be liable to the sameprocess for enforcing obedience to such orders as ifthat person were a party.

RULE I.600. DEPOSITS IN COI]RT

ln an action in which any part ofthe reliefsought is ajudgment for a sum ofmoney or the disposition ofa sum ofmoney or the disposition ofany other thingcapable of delivery, a party may deposit all or any part ofsuch sum or thing withthe court upon notice to every other party and by leave ofcourt. Money paid intocourt under this rule shall be deposited and withdrawn by order ofcourt.

RULEI.610. INJIJNCTIONS

(a) TemporaryInjunction.

(l) A temporary injunction may be granted without wriften or oralnotice to the adverse party only if:

(A) it appears from the specific facts shown by affidavit orverified pleading that immediate and irreparable injury, loss, or damage will resultto the movant before the adverse party can be heard in opposition; and

March 16, 201 5 Florida Rules of Civil Procedure つ

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FORM l.977. FACT INFORⅣ LT10N SIIEET

(a) For lndividuals.

(CAPTION)FACTINFORMAT10N SHEET

Full Legal Name:Nicknames or Aliases:Residence Address:Mailing Address (if different):Telephone Numbers: (Home)(Business)Name of Employer:Address of Employer:Position or Job Description:Rate of Pay: $ _ per _. Average Paycheck: $ _ perAverage Commissions or Bonuses: $ _ per _.Commissions or bonuses are based onOther Personal lncome: $ _ from(Explain details on the back ofthis sheet or an additional sheet if necessary.)Social Security Number:Driver's License Number:Marital Status: _ Spouse's Name:************************************キ *******ホ *********************

Spouse Related Portion

Spouse's Address (if different):Spouse's Social Security Number: Birthdatc:

Spouse's Employer:Spouse's Average Paycheck or lncome: $

-

per

Other Family Income: $ _ per _ (Explain details on back ofthis sheet or an

additional sheet if necessary.)Describe all other accounts or investments you may have, including stocks, mutualfunds, savings bonds, or annuities, on the back of this sheet or on an additionalsheet if necessary.**********************************ホ *****************************■ *

Names and Ages ofAll Your Children (and addresses if not living with you):Child Support or Alimony Paid: S

-

per

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Bi■ hdatc:

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Names of Others You Live With:Vヽho is Head ofYour Houschold? You Spouse_Other Pcrson

Checking Account at:Savings Account at:

Account #Account #

For Real Estate (land) You Own or Are Buying:Address:All Names on Title:Mortgage Owed to:Balance Owed:Monthly Payment: $(Attach a copy ofthe deed or mortgage, or listthe legal description ofthe propertyon the back ofthis sheet or an additional sheet if necessary. Also provide the sameinformation on any other property you own or are buying.)

For All Motor Vehicles You Own or Are Buying:Year/Make/Model:

Vehicle ID#: Tag No: _ Mileage:Names on Title:Loan Owed to:

Present Value: $

Balance on Loan: $Monthly Payment: $(List all other automobiles, as well as other vehicles, such as boats, motorcycles,bicycles, or aircraft, on the back ofthis sheet or an additional sheet if necessary.)

Have you given, sold, loaned, or transferred any real or personal property worthmore than $ 100 to any person in the last year? Ifyour answer is "yes," describe theproperty, market value, and sale price, and give the name and address ofthe personwho received the property.

Does anyone owe you money? Amount Owed: $Name and Address of Person Owing Money:Reason money is owed:

Please aftach copies ofthe following:

a. Your last pay stub.

b. Your last 3 statements for each bank, savings, credit union, or otherfinancial account.

March 16,2015 Florida Rules of Civil Procedure 214

Color:

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c. Your rnotor vehicle registrations and titles.

d. Any deeds or titles to any real or personal prope」 b/you OWn Or arebuying,or leases to propcrty you are renting.

e. Your flnancial statements,loan applications,or lists ofassets and

liabilities subrnitted to any person or entity within thc last 3 years.

■ Your last 2 income tax retums flled.

UNDER PENALTY OF PERJURY,ISWEAR OR AFFIRM THAT TI‐ IE

FOuGOING ANSWERS ARE TRUE AND COMPLETE.

Judgment Debtor

STATE OF FLORIDACOUNTY OF

Sworn to (or affrrmed) and subscribed before me this day of(year) by (name of person making statement)

Notary Public State of FloridaMy Commission expires: ....................

Personally known OR Produced IdentificationType of identification produced

YOU pluST ⅣりLIL OR DELIVER THIS COpIPLETED FORⅣ l,WITH ALLATTACHⅣIENTS,TO THEJIDGMENT CREDITOR OR THEJIDGMENT CREDITOR'S ATTORNEY,BUT DO NOT FILE TⅢ S FORPIWITH THE CLERK OF COURT.

(b)For Corporations and Other Business Entities.

(CAPTION)FACTINFORMATION SHEET

Name of entity:

March 16,2015 Florida Rules of Civil Procedure 215

35

Name and title of person filling out this form:Telephone number:Place of business:Mailing address (if different):Gross/taxable income reported for federal income tax purposes last three years:S ________/S S /s s /sTaxpayer identifi cation number:

Names ofofficers, directors, members, or partners:

Is this entity an S corporation for federal income tax purposes? _ yes _ NoAverage number ofemployees per month _Name ofeach shareholder, member, or partner owning 502 or more ofthe entity'scommon stock, preferred stock, or other equity interest:

Checking account at:Savings account at:Does the entity own any vehicles?For each vehicle please state:Ycar/Makc/Modcl:

Vehiclc ID No:

Account #Account #

Yes

Color:Tag No: _ Mileage:

No

Names on Title:Loan Owed to:

Present Value: $

Balance on Loan: $Monthly Payment: $Docs thc cntity own any rcal propcrty? _Ycs _Nolfyes, please state the address(es):

Please check ifthe entity owns the following:BoatCamperStocks/bondsOther real propertyOther personal property

Please attach copies ofthe following:

I . Copies of state and federal income tax returns for the past 3 years.

March 16, 2015 Florida Rules oflCivil Procedure 216

3し

2. All bank, savings and loan, and other account books and statementsfor accounts in institutions in which the entity had any legal or equitable interestfor the past 3 years.

3. All canceled checks for the l2 months immediately preceding theservice date of this Fact Information Sheet for accounts in which the entity heldany legal or equitable interest.

4. All deeds, leases, mortgages, or other written instruments evidencingany interest in or ownership of real property at any time within the 12 monthsimmediately preceding the date this lawsuit was filed.

5. Bills of sale or other written evidence of the gift, sale, purchase, orother transfer of any personal or real property to or from the entity within the 12months immediately preceding the date this lawsuit was filed.

6. Motor vehicle or vessel documents, including titles and registrationsrelating to any motor vehicles or vessels owned by the entity alone or with others.

7. Financial statements as to the entity's assets, liabilities, and owner'sequity prepared within the l2 months immediately preceding the service date ofthis Fact Information Sheet.

8. Minutes of all meetings of the entity's members, partners,shareholders, or board of directors held within 2 years of the service date of thisFact Information Sheet.

9. Resolutions of the entity's members, partners, shareholders, or boardof directors passed within 2 years of the service date of this Fact InformationSheet.

UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM THAT THEFOREGOING ANSWERS ARE TRUE AND COMPLETE.

Judgment Debtor's DesignatedRepresentative/Title

STATE OF FLORIDACOUNTY OF

March 16,2015 Florida Rules of Civil Procedure

3'1

217

Sworn to (or affirmed) and subscribed before me this day of(year) by (name of person making statement).

Notary Public State of FloridaMy Commission expires: ....................

Personally known _ OR Produced identificationType of identification produced

YOU MUST MAIL OR DELIVER THIS COMPLETED FORM, WITH ALLATTACHMENTS, TO THE PLAINTIFF'S JUDGMENT CREDITOR ORTHE PLAINTIFF'S JT'DGMENT CREDITOR'S ATTOR}IEY, BUT DONOT FILE THIS FORM WITH THE CLERK OF THE COURT.

Committee Notes

2000 Adoption. This form is added to comply with amendments to rule 1.560.

2013 Amendment. This amendment clarifies that the judgment debtor should mail or deliver the FactInformation Sheet only to thejudgment creditor or thejudgment creditor's attorney, and should not file the FactInformation Sheet with the clerk of the cou(.

FORM I.980. DEFAULT

MOTION FOR DEFAULT

Plaintiffmoves for entry of a default by the clerk against defendant. for failure to serve any paper on the undersigned or file any paper as

required by law.

{ttorney for Plaintiff

DEFAULT

A default is entered in this action against the defendant named in theforegoing motion for failure to serve or file any paper as required by law.

March 16,2015 Florida Rules of Civil Procedure 2r8

3g

excusable neglect; (2) newly discovered evidence which by due diligence could nothave been discovered in time to move for a new trial or rehearing; (3) fraud(whether heretofore denominated intrinsic or extrinsic), misrepresentation, or othermisconduct ofan adverse party; (4) thejudgment is void; or (5) thejudgment hasbeen satisfied, released, or discharged or a priorjudgment on which it is based has

,been reversed or otherwise vacated or it is no longer equitable that thejudgmentshould have prospective application. The motion shall be made within a reasonabletime, and for reasons (l), (2), and (3) not more than I year after thejudgment,order, or proceeding was entered or taken. A motion under this subdivision doesnot affect the finality ofajudgment or suspend its operation.

RULE 7.200. EXECUT10NS

Executions onjudgments shall issue during the life ofthejudgment on theoral request ofthe party entitled to it or that party's attomey without praecipe. Noexecution or other final process shall issue until the judgment on which it is basedhas been rendered or within the time for serving a motion for new trial and, ifamotion for new trial is timely served, until it is determined; provided execution orother final process may be issued on special order ofthe court at any time afterjudgment.

RULE 7.210. STAY OFJIDGⅣENT AND EXECUT10N

(a) Judgment or Execution or Lery Stayed. Whenjudgment is to beentered against a party, thejudge may inquire and permit inquiry about theearnings and financial status ofthe party and has discretionary power to stay anentry ofjudgment or, ifentered, to stay execution or levy on such terms as arejustand in consideration ofa stipulation on the part ofthejudgment debtor to makesuch payments as will ensure a periodic reduction ofthejudgment until it issatisfied.

(b) Stipulation, Thejudge shall note the terms ofsuch stipulation in thefile; the stipulation may be set out in thejudgment or made a part ofthejudgmentby reference to "the stipulation made in open court."

(c) Execution. When judgment is entered and execution stayed pendingpayments, ifthe judgment debtor fails to pay the installment payments, thejudgment creditor may have execution without further notice for the unpaidamount ofthejudgment upon filing an affidavit ofthe amount due.

March 5. 2015 Florida Small Claims Rulcs 20

.tA)l

(d) Oral Stipulations. Oral stipulations may be made in the presence ofthe court that upon failure of the judgment debtor to comply with any agreement,judgment may be entered or execution issued, or both, without further notice.

Committee Notes

1988 Amendment Adds the staying oflevy as an alternative for the court when ananging payment.Provides lien rights priority protection forjudgment creditors.

RULE 7.220。 SUPPLEMENTARY PROCEEDINGS

Proceedings supplementary to execution may be had in accordance withproceedings provided by law or by the Florida Rules of Civil Procedure.

RULE 7.221. HEARING IN AID OF EXECUTION

(a) Use of Form 7.343.In any final judgment, the judge shall include theEnforcement Paragraph of form 7.340 if requested by the prevailing party orattorney. In addition to the forms of discovery available to the judgment creditorunder Fla. R. Civ. P. 1.560, the judge, at the request of the judgment creditor or thejudgment creditor's attorney, shall order a judgment debtor to complete form7.343within 30 days of the order or other such reasonable time determined by the court.If the judgment debtor fails to obey the order, Fla. R. Civ. P. Form 1.982 may beused in conjunction with this subdivision of this rule.

(b) Purpose of Hearing. The judge, at the request of the judgmentcreditor, shall order a judgment debtor to appear at a hearing in aid of execution ata time certain 30 or more days from the date of entry of a judgment for the purposeof inquiring of the judgment debtor under oath as to earnings, financial status, andany assets available in excess of exemptions to be applied towards satisfaction ofjudgment. The provisions of this subdivision of this rule shall only apply to ajudgment creditor who is a natural person and was not represented by an attorneyprior to judgment. Forms 7 .342,7 .343, and 7 .344 shall be used in connection withthis subdivision of this rule.

Committee Notes

1988 Amendment. Provides a procedure for postjudgment, court-assisted discovery for natural personjudgment creditors, unrepresented by counsel prior to judgment.

1996 Amendment. The purpose ofthe change is to make form 7.343 (Fact Information Sheet) available foruse by both a party and the party's attorney, even though the hearing in aid ofexecution is not available to theattorney. The rule will allow the court to include the order as part ofthe final judgment or to issue the order after thejudgment. The court may adjust the time allowed for the response to the Fact Information Sheet to fit the

March 5,2015 Florida Slnall Claims Rules 21

fo

PLAINTIFF(S)

DEFENDANT(S)

Phinlffls)'S addrcs,

Defendant(s)'s last known address and

last four digits ofdefendant(s)'s Social Security Number (ifknown):

(OP「10NAL ENFORCENIENT PARAGRAPH――TOBE INCLUDED IJPON REQUESTPURSUANT TO RULE 7221)

Itも further ordered and attudgCd that thc dcfcndant(S)Shali COmplcte

FIorida Smali Claims Rules Form 7 343(Fact lnformation Sheet)and rctumに to

the plaintiffs attomcy,or to thc plaintifFifthc plaintiffis not rcpresented by an

灘omcy,wihh 45 days from thc dttc ofths indjudgmcnt,u‖ css the inJjudgmcntお satヽ ned Or a motion for new t● al or notたo ofappcalヽ ■lcd.Thedefendantshould NOT flle the completed form 7.343 with the court.

Jurisdiction ofthis casc is rctaincd to cntcr furthcr ordcrs that arc proper to

compclthc dcfcndant(s)tO∞ mplCtC folll1 7 343 and rctum i to thc plaintiFs

attomey,or the plaintiffifthe plaintiffis not rcpresentcd by an attorncy

Committee Notes

1992 Amendmenに Thc optional enforcement paragraph、 vas adKlcd to FacJ"atc discove,

FORM 7.341. EXECUT10N

(CAPTION)EXECUTION

THE STATE OF FLORIDA:

March 5,2015 Florida Sman claims Rules 37

キ|

To Each Sheriffof the State:

YOU ARE HEREBY COMMANDED to levy on the goods and chattels,lands, and tenements of.................... in the sum of $.......... with legal interestthereon from .....(date)....., until paid and that you have this writ before the courtwhen satisfied.

WITNESS my hand and the seal of the court on .....(date)......

(SEAL)

Clerk of the Court

FORM 7.342. EX PARTE MOTION AND ORDER FORHEARING IN AID OF EXECUTION

(CAPTION)

EX PARTE MOTION FOR HEARINGIN AID OF EXECUTION

The judgment creditor, ....................., pursuant to Florida Small Claims Rule7 .221, moves for an order requiring the judgment debto(s), to appearat a hearing in aid ofexecution for the purpose of examining thejudgmentdebtor(s) regarding his/her/their ability to satisry the finaljudgment entered in thiscause and requiring the judgment debtor(s) to complete a FACT INFORMATIONSHEET and bring it to the hearing in aid ofexecution.

Judgment Creditor

ORDER FOR HEARING INAID OF EXECUTION

IT IS ORDERED AND ADJUDGED that the judgment debtor(s),...................., Address: ....................., shall:

l. appear before Judge .................... on .....(date)....., at ..... o'clock......m., in Courtroom ....., located at: ....................... ...., Florida, to

March 5, 201 5 Florida Small Claims Rules 38

+1-

be examined as to thejudgment debtor('s)(s') ability to satisry the finaljudgmententered in this cause; and

2. bring to the hearing all documents and papers that relate to thejudgment debtor('s)(s') financial condition and the completed, notarized factinformation sheet attached hereto.

Judgment debtor('sxs') failure to comply with this order shall be groundsfor contempt.

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

County CourtJudgc

FORI17.343. FACT INFORIIAT10N SHEET

(a) For lndividuals

(CAPT10N)FACT INFORMAT10N SHEET― ―INDIVIDUAL

Fuil Legal Name:

Nicknames or Aliases:

Residence Address:

Mailing Address (if different):Telephone Numbers: (Home) (Business)

Name of Employer:

Address of Employer:

Position or Job Description:

Rate of Pay: $ _ per _. Average Paycheck: $ _ per

Average Commissions or Bonuses: $ _ per _ . Commissions or bonuses

are based on

Othcr Pcrsonal incomc:S from

(Explain details on the back ofthis sheet or an additional sheet if necessary.)

Social Security Number: Birthdatc:

Driver's License Number:

March 5,2015 Florida Sma‖ Claims Rules 39

弔

Marital Status: _ Spouse's Name:Spouse's Address (if different):Spouse's Social Security Number: Birthdatc:

Spouse's Employer:Spouse's Average Paycheck or Income: $ _ per

Other Family Income: $ _ per _ (Explain details on back ofthis sheet oran additional sheet if necessary.)

Names and Ages of All Your Children (and addresses if not living with you):

Child Support or Alimony Paid: $ _ per

Names of Others You Live With:Who is Head ofYour Houschold? You Spousc_____Other Pcrson

Checking Account at: _ Account #

Savings Account at: _ Account #

(Describe all other accounts or investments you may have, including stocks,

mutual funds, savings bonds, or annuities, on the back of this sheet or an additionalsheet if necessary.)

For Real Estate (land) You Own or Are Buying:o i/.^"".

All Names on Title:Mortgage Owed to:Balance Owed:

Monthly Payment: $.

(Attach a copy ofthe deed or mortgage, or list the legal description ofthe property

on the back ofthis sheet or an additional sheet if necessary. Also provide the same

information on any other property you own or are buying.)

For All Motor Vehicles You Own or Are Buying:Year,Make,Model : _ Color:Vchiclc ID#: Tag No: _ Mileage:

Present Value: $Names on Title:

Loan Owed to:

Balance on Loan: $

March 5,2015 Florida Small Claims Rules 40

Monthly Payment: $ (List all other automobiles, as well as othervehicles, such as boats, motorcycles, bicycles, or aircraft, on the back ofthis sheetor an additional sheet if necessary.)

Have you given, sold, loaned, or transferred any real or personal property worthmore than $100 to any person in the last year? Ifyour answer is ,,yes,,' describe theproperty and sale price, and give the name and address ofthe person who receivedthe property.

Does anyone owe you money? Amount Owed: $Name and Address of Person Owing Money:Reason money is owed:

Pleasc attach copics ofthc following:

l Your last payま ub2 Your last 3 statcmcnts for cach bank,savings,crcdit union,or othcr

flnancial account

3 Your motor vchiclc rcgistrations and titlcs

4 Any deeds ortitlcs to any rcal or pcrsOnal propctt you oWn or arc

buying,orlcascs to propcrty you are renting

UNDER PENALTY OF PERJURY,ISヽ VEAR OR AFFIRM THAT THEFOREGOING ANSWERS ARE TRUE AND COMPLETE

Judgment Debtor

STATE OF FLORIDACOUNTY OF

The foregoing instrument was acknowledged before me on .....(date)....., bywho is personally known to me or has produced .................... as

identification and who .....did/did not..... take an oath.

WITNESS my hand and official seal, on.....(date)......

Notar/Public

Statc ofFIorida

March 5,2015 Florida Sman claims Rulcs 41

唇

My Commission expires:..… ……・………

MAIL OR DELIVER THE COMPLETED FORM TO THEJUDGMENTCREDITOR OR THEJUDGMENT CMDITOR'S AWORNEY.DO NOT FILETHIS FORNI WITH THE COURT.

(b)For Corporate Entities

(CAPT10N)FACTINFORNIATION SHEET― ―BUSINESS ENTITY

Name/Title of person filling out this form:Address:

Telephone Number: Home:Address of Business Entity:Type of Entity: (Check One) E Corporati,n Sole Proprietorship E Limited Liability Corporation (LLC) EProfessionalAssociation (PA) E Other: (Please Explain)Does Business Entity own/have interest in any other business entity? [f so pleaseexplain.

Gross/Taxable income reported for Federal Income Tax purposes Iast three years:

Taxpayer Identifi cation Number:List Partners (General or Limited and Designate Percentage of Ownership):Average No. of Employees/Month:

Names of Officers and Directors:Checking Account at:

Savings Account At:Does the Business Entity own any vehicles:

Years/It4akesilVl od e I s :

Vehicle l.D.Nos.:

Tag Nos.:

Loans Outstanding:

Does the Business Entity own any real property: YES _ NOIf Yes: Address:

March 5,2015 Florida SInall Claims Rules

4し

Business:

Account No:Account No:

42

Please check ifthe business entity owns the following:Boat _ CamperStocks/Bonds _ Other Real property

Other Personal Property Intaneible Pronertv

Please attach copies ofthe following:

l. All tax retums for the past 3 years, including but not limited to state andfederal income tax returns and tangible personal property tax retums.

2. All bank, savings and loan, and other account books or statements foraccounts in institutions in which the defendant had any legal or equitable interestfor the past 3 years.

3. All canceled checks for the l2 months immediately preceding the date ofthisjudgment for accounts in which the defendant held any legal or equitableinterest.

4. All deeds, leases, mortgages, or other written instruments evidencing anyinterest in or ownership of real property at any time within the l2 monthsimmediately preceding the date of this judgment.

5. Bills ofsale or other written evidence ofthe gift, sale, purchase, or othertransfer ofany personal or real property to or from the defendant within the l2months immediately preceding the date of filing this lawsuit. Any transfer ofproperty within the last year other than ordinary course ofbusiness transactions.

6. Motor vehicle documents, including titles and registrations relating to anymotor vehicles owned by the defendant alone or with others.

7. Financial statements and any other business records, including but notlimited to accounts payable and accounts receivable ledgers, as to the defendant'sassets and liabilities prepared within the l2 months immediately preceding the dateofthis judgment.

March 5, 2015 Florida SmaH Claims Rulcs

+1

43

8. Copies ofarticles,by-laws,partnership agreement,Operating agreement,and

any other goveming documents,and nlinutes ofaH Ineetings Ofthe defendant's

shareh01ders,board ofdirectors,orinembers held within 2 ycars Ofthe date ofthis

judgment.

9. Resolutions ofthe shareholders,board ofdirectOrs,or members passed

within 2 years ofthe date ofthisjudgment.

10. A list or schedule ofallinventory and equipment.

UNDER PENALTY OF PERJURY,ISWttAR OR AFFIRNITHAT THEFOREGOING ANSⅥ電RS ARE TRUE AND COMPLETE.

Defendant's Designated RepresentativeTitle:

STATE OF FLORIDACOUNTY OF

The foregoing instrument was acknowledged before me on .....(date)....., by., as the defendant's duly authorized representative, who is personally

known to me or has produced ................ as identification and who.....did/did not..... take an oath.

WITNESS my hand and official seal, on .....(date)......

Notary Public

State of Florida

My Commission expires:

NIAIL OR DELIVER THE COMPLETED FORM TO THEJUDGMENTCREDITOR OR THEJUDGⅣIENT CuDITOR'S A7‐「ORNEY.DO NOT FILETHIS FONNI WITH THE COURT.

March 5,2015 Florida SmaH Clairns Rules 44

ゲ

FORM 7.344.

(CAPT10N)

ORDER TO SHOW CAUSE

ORDER TO SHOW CAUSE

IN THE NAME OF THE STATE OF FLORIDA:

TO:

YOU ARE HEREBY COMNIANDED TO APPEAR bcforethiscourton…(date).…,at… m,in Courtroom… at thc… cOun,CourthOuse,Address: … … ¨̈ ̈., …̈……… … ,Florida.tO show causc,ifany,why youshould not bc a"udgCd in contempt ofcourt for yOur failure to appear in court on

.… (datC)…"at…m̈,as requ■ cd by the court's ordcr issued on… .(datC)… ,fOr a

hearing in aid Ofcxccution

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

County Court Judgc

STIPULAT10N FOR INSTALLMENTSETTLEⅣENT,ORDER APPROVINGSTIPULAT10N,AND DISⅣ IISSAL

FORM 7.345.

(CAPT10N)

STIPULATION FOR INSTALLMENT SETTLEMENT, ORDERAPPROVING STIPULATION, AND DISMISSAL

Plaintiffand defendant(s), by the signatures below, stipulate thatdefendant(s) is/are indebted to plaintiffin the sum of$.........., plus court costs of$.........., interest of$........." and attorneys' fees of$..........., which defendant(s)agree(s) to pay in installments of$.........., the first ofsuch payments to be due on.....(date)....., and continuing each ........... until paid in full. Ifthe total sum is paidtimely and in full, plaintiffagrees that no judgment shall be entered against thedefendant(s), and that additional costs, interest, and attorneys' fees, ifany, shall bewaived. If the defendant(s) shall default in payment hereunder, plaintiffshall be

March 5,2015 Florida Snlall Claims Rulcs 45

凋

VS

who being first duly sworn, says thathas failed to

IN THE COUNTY COURT OF THENINTH JUDICIAL CIRCUIT OF FLORIDA

ORANGE COUNTY,FLORIDA

Case Number

Plaintiff(s)

Defendant(s)

AFFIDAVIT OF NON― COMPLIANCE

Before me, the undersigned authority, appeared

by as agreed to in the stipulation dated

l-l rnu, said Defendant(s) has/have failed to make payment of money due saidPlaintif(s) in the manner provided in the stipulation previously filed in this cause.

said Defendant(s) $due and unpaid.

damages plus $. ,costs are now past

Plaintiff(s)

Swom to and subscribed before me this

Ifnut of the money stated in said stipulation to be due said Plaintif(s) from

50

Deputy Clerk/Notary Public

IN THE COUNTY COURTOF THE NINTH JUDICIAL CIRCUIT

IN AND FOR ORANGE COUNTY FLORIDA

Case Number

PlaintifftS)

VS

Defendant(s)

MOTION FOR EX‐ PARTE HEARING IN AID OF EXECUT10N

The judgment creditor pursuant To FloridaSmall Claims Rule 7.221, moves for an order requiring the judgment Debtor(s) regardinghis/her/their examining the judgment debtor(s) regarding his/her/their ability to satisfy theFinal Judgment entered in this cause and requiring the judgment debtor(s) to complete aFACT SHEET and bring it to the hearing in aid of execution.

Judgment Creditor

li,′ |

! 6:'l20.Motion-By plaintiff-For writ of garnishment-After..., 1A Fla. Pl- & Pr....

rA Fla. Pl. & Pr. Forms S 6:rzo

Florida Pleading and Practice Forms

Database updated September zor4

Henry P. Trawick, Jr.

Civil Procedure

Chapter 6. Judgment

VIII. Enforcement of Judgment

C. Gamishment

2. Forms

Summary Conelation Table

5 6:rzo. Motion-By plaintiff-For writ of garnishment-After judgment (5 77.o3, Fla. Stat.)

[Caption, see $ 6:8/

MOTION FOR ISSUANCE WRTT OF GARNISHMENT

The undersigned attomey forplaintiffmoves the court for issuance of awritofgamishment directed to /name of garnisheel,who

is believed by plaintiffto have possession or control oftangible or intangible assets ofdefendant in the above-entitled action.

On [date ofiudgment], plaintiffobtained judgment against defendant in the action, which was for [description of action].

The amount of the judgment debt wu $[dollar amount o/ sumJ.

Plaintiffbelieves that defendant will not have in defendant's possession, after execution is issued, tangible or intangible property

in the state and in the county in which the action is pending on which a levy can be made sufficient to satisry plaintiffs claim.

Plaintifftherefor requests that plaintiffbe granted a writ of garnishment against the mentioned gamishee as to whatever tangible

and intangible personal property ofdefendant that gamishee has in possession or control.

Copies ofthis motion are requested to be served on [names ofadverse parties].

Daled: [date of motion]

ICERTlFYthatacopyoftheabovemotionhasbeenfumishedtolnomesofrecipientsl,al[addressesofrecipienrsJby [delivery/mail/faxl on [date of service].

Respectfu lly submitted,

[Name of attorney]

Aftorney for Plaintiff

[Address of attorney]

[Phone number o/ attorney]

f.,'*tlarvlrlexf iO 2015 Thomson Reuters. No claim to original U.S. Government Works

5L

$ 6:120.Motion-By plaintiff-For writ of garnishment-After..., 1A Fta. Pt. & Pr....

[E-mail address of attomey]

I B ar num be r oJ a t lorneyJ

Notes

Practice Notes

Afterjudgment has been obtained against the defendant but before the writ ofgarnishment is issued, the plaintifi or an agentor attomey, must file a motion, which need not be verified or negative the defendant's exemptions, stating the amount of thejudgment and that the movant does not believe that the defendant has in the defendant's possession visible property on whicha levy can be made sullicient to satisS the judgment. The motion may be filed and the writ issued either before or after thereturn ofthe execution. $ 77.03. Fla. Stat.

West's Key Number Digest

West's Key Number Digest, Garnishnrent *-86 to 88

Legal Encyclopedias

Fla. Jur.2d, Creditors'Rights and Remedies g 143

Westlaw. O 2014 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.

l.r(l ol'1.)ocuntent :i ) :0 I -i i honrso| lir'uterr i\o clarfl I ao otiurnai ti. S (ioveilnre.i W(r ks

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53

$ 6:117.Writ of garnishment (S 77.04, Fta. Stat.; Fta. R...., 1A Fta. pt. & pr....

rA Fla. Pl. & Pr. Forms g 6:117

Florida Pleading and Practice Forms

Database updated September zot4

Henry P. Trawick, Jr.

Civil Procedure

Chapter 6. Judgment

VIII. Enforcement of Judgment

C. Gamishment

2. Forms

Summary Correlation Table

$ 6:rr7. Writ of garnishment (9 27.04, Fla. Stat.; Fla. R. Civ. P. r.go7)

[Caption, see $ 6:8/

WRIT OF GARNISHMENT

THE STATE OF FLORIDA:To Each Sheriffof the State:

YOU ARE COMMANDED to summon garnishee, [name of garnishee], to serve an answer to this writ on [name of attorneyJ,plaintiffs attomey, whose address is [address of attorney],within20 days after service on the gamishee, exclusive of the day ofservice, and to file the original with the clerk of this court either b€fore service on the attomey or immediately after that, stating

whether the gamishee is indebted to defendant, [nane of defendant], at the time of the answer or was indebted at the time ofservice of the writ, or at any time between those times, and in what sum, and what tangible and intangible penonal property

of defendant the gamishee has in gamishee's possession or control at the time of the answer or had at the time of service ofthis writ, or at any time between those times, and whether the gamishee knows ofany other person indebted to defendant orwho may have any ofthe property ofdefendant in the person's possession or control. The amount stated in plaintiffs motionis $[dollar amount of sum].

Defendant under gamishment is given notice ofthe right to an immediate hearing for dissolution ofthe writ pursuant to statutory

provisions.

Dated: fdate of writ]

[As Clerk of the Court]

[As Deputy Clerk]

Notes

Practice Notes

The above form is based on Fla. R. Civ. P. Form 1.907 for use with the Florida Rules of Civil Procedure.

The writ of gamishment must require the gamishee to serve an answer to it on the plaintiffwithin 20 days after service stating

whether the gamishee is indebted to the defendant at the time of the answer, or was indebted at the time ofservice of the writ, or

Westtawtlexf O 2015 Thomson Reulers. No claim to original U.S. Government Works

１‐Ｗ５

§6:117 Writ of garnishment(§ 7704,Fla Stati F:a R… ,lA Fia P! &Pr…

at any time b€tween such times; in what sum, and what tangible or intangible personal property of the defendant the gamishee

has possession or control of at the time of the answer, or had at the time of service of the writ, or at any time between such

times; and whether the gamishee knows of any other person indebted to the defendant, or who may have possession or control

of any of the property of the defendant. The writ must state the amount named in the plaintiffs motion. g 77.04, Fla. Stat.

The writ of garnishment must set forth a notice to the defendant of the right to an immediate hearing for dissolution of the writpursuant to statutory provisions. On issuance of the writ of gamishment, the clerk of the court must provide by mail a copy ofthe writ to the defendant. $ 77.03 I (2), F-la. Stat.

West's Key Number Digest

West's Key Number Digest, Camishment **,90 to 93

Legal Encyclopedias

Fla. Jur. 2d, Creditors'Rights and Remedies $$ 134 to 136

Westlaw. @ 2014 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.

C :ili 5 Ihonl:on llcutr:s \o u;irfir ro oilgrnil tl.S (;ov!'nnncilt W.{ksl,n(l ol Doaunlcnt

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55

$ 6:118.Gontinuing writ of garnishment against salary or..., .lA Fla. pl. & pr.

rA Fla. Pl. & Pr. Forms g 6:rr8

Florida Pleading and Practice Forms

Database updated September zor4

Henry P. Trawick, Jr.

Civil Procedure

Chapter 6. Judgment

VIII. Enforcement of Judgment

C. Garnishment

2. Forms

Summary Correlation Table

$ 6:118. Continuing writ of garnishment against salary or nages (S 77.o3ob, Fla. Stat.; Fla. R. Civ. P. t.goZ&))

[Caption, sae g 6:8/

WRIT OF GARNISHMENT

THE STATE OF FLORIDA:To Each Sheriffof the State:

YOU ARE COMMANDED to summon gamishee [name of garnisheeJ,whose address is [address of garnishee],whoisrequired to serve an answer to this wrilon [name ofattorneyJ,plaintiffs attomey, whose addressis faddress ofauorney],within20 days after service ofthis writ, exclusive ofthe day ofservice, and to file the original with the clerk ofcourt either before

service on the attomey or immediately after service . The answer shall state whether the gamishee is the employer of defendant

[name of defendantl and whether the gamishee is indebted to defendant of salary or wages. Gamishee's answer shall speci$the periods of payment [weeHy/biweekly/monthly] and amount of salary or wages and be based on defendant's eamings for thepay period during which this writ is served on gamishee.

During each pay period, a portion ofdefendant's salary or wages as it becomes due shall be held and not disposed ofortransferred

until further order ofthis court. The amount ofsalary or wages to be withheld for each pay period shall be made in accordance

with the following paragraph. This writ shall continue until plaintiffs judgment is paid in full or until otherwise provided bycourt order.

Federal law (15 U.S.C.A. g$ 167l to 1673) limits the amount to be withheld from salary or wages to no more than25Voofany individual defendant's disposable eamings for any pay period or to no more than the amount by which the individual's

disposable oamings for the pay period exceed 30 times the federal minimum hourly wage, whichever is less.

For administrative costs, gamishee may collect $[dollar amount of sum] against the salary or wages of defendant for the first

deduction and$[dollar amount ofsum] for each deduction after that.

The total amount of the finaljudgment outstanding as set out in plaintiffs motion is $fdollar amount of sunJ.

'/vestlarvllert' aO 2015 Thomson Reuters. No claim io original U.S. Government Works

5b

$ 6:118.Continuing writ of garnishment against satary or..., 1A Fla. pl. & pr....

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

ORDERED at fname of city], Flotida on [date o/ orderJ.

[As Clerk of the Court]

[As Deputy ClerkJ

Notes

West's Key Number Digest

West's Key Number Digest, Gamishment r*90 to 93

Legal Encyclopedias

Fla. Jur.2d, Creditors'Rights and Remedies g 133

Westlaw. O 2014 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.

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51

$ 6:'12'l.AnsUver-Of garnishee (S 77.06, Fla. Stat.), 1A Fla. Pl. & Pr. Forms g 6:121

rA Fla. Pl. & Pr. Forms g 6:rzr

Florida Pleading and Practice Forms

Database updated September zor4

Henry P. Trawick, Jr.

Civil Procedure

Chapter 6. Judgment

VIII. Enforcement of Judgment

C. Garnishment

2. Forms

Summary Correlation Table

$ 6:rzr. Answer-Of garnishee (S 77.o6, Fla. Stat.)

[Caption, see $ 6:8/

ANSWER TO MOTION FOR ISSUANCE OF WRIT OF GARNISHMENT

To the Sheriffof [name of county], Florida:

ln answer to the gamishment served on me in the above-entitled cause, I state:

On the date of the service of the writ, on [date of serviceJ,l [was/was notJ indebted to defendant, and [am/am not] indebted to

defendant at the time of this answer, and [was/was no{ indebted to defendant at any time between those times.

[OPTIONAL: [Description of debl.]

Gamishee [knows/does not know] of any other person indebted to defendant or who may have possession or control property

of defendant.

[OPTIONAL: [Names and addresses of persons indebted to defendant].1

Dxed: [date of answer]

I CERTI FY that a copy ofthe above answer has been furnished to fz ames ofrecipientsl, at [addresses ofrecipients] by fdelivery/mailffax] on fdate of service] .

[Name ofgarnisheeJ

Notes

Practice Notes

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52

$ 6:12'l.Ansrrver*Of garnishee (S 77.06, Fla. Stat.), 1A Fla. Pt. & Pr. Forms g 6:121

The garnishee must report in its answer, and retain, subject to disposition pursuant to statutory provision, any deposit, account, ortangible or intangible personal property ofthe defendant in the possession or control ofthe gamishee; and the answer must statethe name or names and addresses, ifknown, ofthe defendant and any other persons having or appearing to have an ownershipinterest in the involved property. $ 77.06(2), Fla. Stat.

In any case where a gamishee in good faith is in doubt as to whelher any indebtedness or property is required by law to be

included in the gamishee's answer or retained by it, the gamishee may include and retain the property, subject to dispositionpursuant under statutory provision. $ 77.06(3), Fla. Stat.

West's Key Number Digest

West's Key Number Digest, Carnishment li*l04

Legal Encyclopedias

Fla. .lur. 2d. Creditors'Rights and Remedies g 139

Westlaw. O 2014 Thomson Reuters. No Claim to Orig. U.S. Govt. Work.

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S 6:122.Notice-To defendantand interested persons (S...,'lA Fta. Pl. & Pr....

rA Fla. Pl. & Pr. Forms 5 6:rzz

Florida Pleading and Practice Forms

Database updated September zor4

Henry P. Trawick. Jr.

Civil Procedure

Chapter 6. Judgment

VIII. Enforcement of Judgment

C. Garnishment

2. Forms

Sumnrary Conelation Table

9 6:rzz. Notice-To defendant and interested persons ($ ZZ.oSS, Fla. Stat.)

[Caption, see g 6:8/

NOTICE OF ISSUANCE OF WRIT OF GARNISHMENT

To: [Name ofattorney].Attomey for defendant

[Address of auorneyJTo: [names and addresses ofrecipientsJ

And all others whom it may concem:

YOU ARE NOTIFIED that a writ of gamishment has been issued in the above+ntitled cause, and that defendant's property in

the hands oflname ofholderl has been garnisheed, and that, unless defendant, or any person interested in the property, appears

before this court, and moves to dissolve the writ, on or before [date of appearance/, judgment by default will be entered.

Ifdefendant or other recipient ofthis notic€ have statutory exemption from the garnishment, the exemption must be asserted

as a defense.

Dated: [date of noticeJ

_ [Nane ofattorney]Attorney for Plaintiff

[Address of attorney]

IP hone number of attorney]

[E-mai I addre ss of attorney]

[Bar number of attorney]

I certi$ that a copy of this notice and the attached writ of gamishment and answer of gamishee have been fumished to defendant

andlo [names of recipients] by [delivery/mail] on [date of semice].

[Copies of writ and answer]

\lbsttawtrlext" O 2015 Thomson Reuters. No claim to original U.S. Government Works

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§6:122.Notic← To defendant and interested persons(§ .,lA Fia PI &Pr._

Notes

Practice Notes

Within five days after service of the gamishee's answer on the plaintiff, the plaintiff must serve, by mail, the followingdocuments: a copy of the writ, a copy ofthe answer, a notice, and a certificate of service. The notice must advise the recipientthat the recipient must move to dissolve the writ within the time period set forth by statute or be defaulted, and that the recipientmay have exemptions from the gamishment which must be asse rte d as a defense. The plaintiff must serve these documents onthe defendant at the defendant's last known address and any other address disclosed by the gamishee's answer, and on any otherperson disclosed in the gamishee's answer to have an ownership interest in the deposit, account, or property controlled by thegamishee. The plaintiffmust file in the proceeding a certificate of such service. $ 77.055. FIa. Stat.

West's Key Number Digest

West's Key Number Digest, Camishment {*99 to 103

Legal Encyclopedias

Fla. Jur. 2d, Creditors' Rights and Remedies ti 149

Westlaw. @ 2014 Thomson Reuters. No Claim to Orig. U.S. Govt. Work.

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一２

IN THE COUNTY COURT OFTHE NINTH JUDICIAL CIRCUIT IN AND

FOR ORANGE COUNTY,FLORIDA

NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT OF WAGES,MONEY,AND OTHERPROPERTY

The Writ of Gamishment delivered to you with this Notice means that wages,money,and other propcゥ be10nging to

you have been gamishcd to pay a courtjudgment against you.HOWEVER,YOU NIAY BE ABLE TO KEEP ORRECOVER YOUR WAGES,MONEY,OR PROPERTY.READ THIS NOTICE CAMFULLY.

State and federal laws provide that certain wages,rnoney,and prope」 け,even if deposited in a bank,savings and loan,

or credit union,may not be taken to pay certain types ofcourtjudgnents, Such wages,moncy,and propety are eXempt

from gamishment.The mttor exCmptions are listcd below on the follll for Claim ofExemption and Request for Hcaring。

This list does not include an possible exemptions. You should consult a lawycr for speciflc advice.

IF AN EXEMPT10N FROM GARNISHMENT APPLIES TO YOU AND YOU WANT TO mEP YOURWAGES, MONEY, AND OTIIER PROPERTY FROM BEING GARNISHED, OR TO RECOVERANYTHING ALREADY TAKEN,YOU MUST COMPLETE A FORNIIFOR CLAINIIOF EXEMPTION ANDREQUEST FOR HEARING AS SET FORTH BELOW AND HAVE TIIE FORM NOTARIZED.IF YOUHAVE A VALID EXENIIPTION,YOU NIIUST FILE TIIE FORNII WITH THE CLERK'S OFFICE WITHIN 20DAYS AFTER THE DATE YOU RECEIVE THIS NOTICE OR YOU MAY LOSE IMPORTANT RIGHTS.YOU MUST ALSO MAIL OR DELⅣ ER A COPY OF THIS FORM TO THE PLAINTIFF OR THEPLAINTIFF'S ATTORNEY AND THE GARNISHEE OR THE GARNISHEE'S ATTORNEY AT THEADDRESSES LISTED ON THE IVRIT OF GARNISHMENT.NOTE THAT THE FORNII MQUIRES YOUTO COMPLETE A CERTIFICATION THAT YOU NIIAILED OR HAND DELIVERED COPES TO THEPLAINTIFF OR THE PLAINTIFF'S ATTORNEYAND THE GARNISHEE OR THE GARNISHEE'SATTORNEY

If you request a hearing,it、vin be held as soon as possible ater your request is receivcd by the court. The plaintiff or

the plaintiFs attomey must■ le any ottectiOn within 8 business days if you hand del市 ered to the plaintiff or the

plaintinPs attomey a copy ofthe follll for Clailn ofExemption and Request fbr I‐ Icaring or,altematively,14 business days

if you mailed a copy of the follll for clailn and request to the plaintiff or the plaintifPs attomey. If the plailltiff or the

plJntiFs attomey■ les an otteCtiOn to your Claim ofExemption and Request for Hca」 ng,the clerk wili notitt yOu and

the other parties of the tilne and date of thc hearing. You may attend the hearing、 vith or without an attomey. If the

plaintiff or the plaintiFs attomey fails to■ le an otteCtiOn,no hearing is required,the writ of gamishment will be

dissolved and your wages,Inoney,or propeゥ 、vill be released.

IF YOU HAVE A VALD EXENIIPTION, YOU SHOULD FILE THE FORM FOR CLAINII OF EXEMPTIONINIIMEDIATELY TO KEEP YOUR WAGES,MONEY,OR PROPERTY FRONII BEING APPLIED TO THE COURTJUDGMENT.TllE CLERK CANNOT GIVE YOU LEGAL ADVICE.IF YOU NEED LEGAL ASSISTANCE YOUSHOULD SEE A LAWYER.IF YOU CANNOT AFFORD A PRIVATE LAWYER,LEGAL SERVICES NIIAY BEAVAILABLEo CONTACT YOUR LOCAL BAR ASSOCIATION OR ASK THE CLERK'S OFFICE ABOUT ANY LEGALSERVICES PROGRAM IN YOUR AMA.

した

Vs

IN THE CIRCUIT COURT OFTHE NINTH JUDICIAL CIRCUIT IN ANDFOR ORANGE COUNTY,FLORIDA

Case Number

Plaintiffl s)

Defendant(s)

Garnishee

CLAIn4 0F EXEMPT10N AND REQUEST FOR HEARING

I claim cxcmptions from garnishmcnt under thc following catcgorics tt checkcd:

_1. Head offamily wages. (You mustcheck aorb below.)a. I provide more than one halfofthe support for a child or other

dependent and have net eamings of$750.00 or less per week.

_b. I provide more than one half of the support for a child or other dependenthave net eamings of more than $750.00 per week, but have not agreed inwriting to have my wages gamished.

_J. Social Security benefits.

_3 Supplemental Security income benefits.

_4. Public assistance (welfare).

_5. Workers' Compensation.

_6 Unemploymentcompensation.

_7. Veterans' benefits.

_8. Retirement or profit sharing benefits or pension money.

_9. Life insurance benefits or cash surrender value of a life insurance policy or proceeds of annuity contract.

_10 Disability income benefits.

_l I Prepaid College Trust Fund or Medical Savings Account.

_12. Other exemptions as provided by law. (Explain

I request a hearing to decide the validity of my claim. Notice of the hearing should be given to mo at:

Ci″

し3

State_ Zip_ Telephone Number:.

I CERTIFY UNDER OATH AND PENALTY OF PERJURY that a copy of this CLAIM OF EXEMPTION AND REQUEST FORHEARING has been fumished by (circle one) United States Mail/Hand Delivery onto:.

.(date)

(lnsert names and addresses of Plaintiff or Plaintifls attomey and of Camishee of Gamishee's attomey to whom this document was

furnished)

I FURTHER CERTIFY UNDER OATH AND PENAITY OF PERJURY that the statements made in this request are true to the best

of my knowledgo and belief.

(Defendant's si gnature)

STATE OF FLORIDACOIJNTY OF ORANGESworn and subscribed to before me this

-

day of

(Date)

by(Name of person making statement)

Notary Public/Deputy Clerk

Personallv Known OR Produced Identification

Type of Identification Produced

b+

$ 6:124.Bond-Of plaintiff (Fla. R. Civ. P- 1.960 and 1.961(a)), 1A Fta. pt. & pr. Forms...

rA Fla. Pl. & Pr. Forms g 6:re4

Florida Pleading and Practice Forms

Database updated September 2014

Henry P. Trawick, Jr.

Civil Procedure

Chapter 6. Judgment

VIll. Enforcement of Judgment

C. Garnishment

2. Forms

Summary Correlation Table

g 6:124. Bond-Of plaintiff(Fla. R. Civ. P. 1.960 and r.96r(a))

[Caption, see $ 6:8/

[De s i gnation of p leadingJ

Whereas plaintiffhas sued out a writ of garnishment in the above-entitled action,

We, [name of plaintifl], as principal, and [name of surety],.rs surety, are bound to [name of defendant] in the sum of $[dollaramount ofsuml, for the payment ofwhich we bind ourselves, our heirs, personal representatives, successors and assigns,jointlyand severally.

THE CONDITION OF THIS BOND is that, if plaintiffshall pay all costs, damages, and attomey's fees that defendant sustains

in consequence of plaintiffimproperly suing out a writ of gamishment in this action, then this bond is void; otherwise, it remains

in force.

SIGNED AND SEALED on /date of executionl.

Approved on [date ofapproval].

(SCal)

As Principal

As Surety

As Attorncy in Fact

As Clcrk ofhc Court

As Dcputy Clcよ

Notes

It*ttawl{ext" O 2015 Thomson Reuters. No claim to original U.S. Government Wotks

65

S 6:124.Bond-Of plaintiff (Fla. R. Civ. P. 1.960 and 1.961(a)), 1A Fta. pt. & pr. Forms...

Proctice Notes

The above form is based on Fla. R. Civ. P. Form 1.960 and 1.961(a) for use with the Florida Rules ofCivil procedure.

Except when the plaintiffhas had an aftachment writ issued, a writ of garnishment before judgment must not issue until theplaintiff, or an agent or attomey, gives a bond with surety to be approved by the clerk payable to the defendant in at leastdouble the amount ofthe debt demanded, conditioned to pay all costs, damages, and attomey's fees that the defendant sustainsin consequence of the plaintiffs improperly suing out the writ of gamishment. g 77.03 I (3), Fla. stat.

West's Key Number Digest

West's Key Number Digest, Gamishment *..239 to 247

Legal Encyclopedias

Fla. Jur. 2d. Creditors'Rights and Remedies g 153

Fla. Jur. 2d. Creditors' Rights and Renredies g 1 7lFla. Jur.2d, Creditors'Rights and Remedies g 190

FIa. Jur. 2d, Creditors' Rights and Remedies g I 9l

Westlaw. O 2014 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.

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IN THE COUNTY COURT OF THENINTH JUDICIAL CIRCUIT OF FLORIDA

ORANGE COUNTY,FLORIDA

Case Number: ―CA― ―O

PlaintiffKS)

VS.

Defcndant(s)

and

Garnishee

FINAL JUDGⅣIENT IN GARNISHⅣIENT

The Court flnding that thc garnishce, owes thc Dcfcndant(s),

and the garnishee's attorney is entitled to an attorney'sfee of ;

-.

ItisoRDEREDANDADJUDGEDthatthePlaintiff(s)recover-;_; (which includes plaintiff s costs and interest) from the indebtedgarnishee; that the Garnishee's attomey recover _; attorney's feefrom the court registry (which includes the attomey fee deposit herein made); for whichletexecutionissue;andthatPlaintif(s)costintheamountof;-istaxedagainst the defendant(s).

Done on this _day of 20

ιη

JUDGE