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Understanding Writ of Garnishment in Florida The statute provides that a creditor begins the garnishment process by filing a short motion with the court (?Motion for Writ of Garnishment?) and paying fees and deposits to the clerk of court. The clerk then issues the writ.

Understanding Writ of Garnishment in Florida A creditor may initiate garnishment actions after the court enters a judgment and a writ of execution. Florida garnishment statute section 77.041 imposes procedural rules and deadlines for the creditor, and it allows a judgment debtor to contest the garnishment.

(2) The plaintiff must mail, by first class, a copy of the writ of garnishment, a copy of the motion for writ of garnishment, and, if the defendant is an individual, the ?Notice to Defendant? to the defendant's last known address within 5 business days after the writ is issued or 3 business days after the writ is ...

The Writ of Garnishment delivered to you with this Notice means that wages, money, and other property belonging to you have been garnished to pay a court judgment against you. HOWEVER, YOU MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES, MONEY, OR PROPERTY.

Here are the rules: A creditor can garnish 25% of your disposable income or the amount by which your disposable income exceeds 30 times federal minimum wage, whichever is less. In Florida, if your disposable income is less than 30 times federal minimum wage, your wages can't be garnished at all.

File the Motion with the Clerk of the County Court at the Court where the case was filed. You must also hand-deliver a copy of the Motion to the Judge assigned to your case. If you do not know who the Judge is in your case or the Court, call Court Docketing at 305-275-1155.