Served with a Writ of Garnishment? Understand the Duties, Deadlines to Avoid Liability

Few things give financial institutions and employers more agita than being served with a writ of garnishment. Whether large or small, any business that holds assets or pays wages can be served with a writ of garnishment, and no matter how sophisticated the operation, can inadvertently run afoul of the statutory scheme for garnishment in Florida. Unfortunately, when a company on whom a writ has been served fails to comply with Florida’s garnishment statute, it can find itself on the hook for the amount sought to be garnished. Accordingly, knowing what to do when a writ comes in, and the deadlines by which to do it, are vital to avoiding this potential liability. This article addresses some, but not all, of these issues. 

A writ of garnishment is a legal tool that can be used by someone who has sued to recover a debt or has already obtained a judgment against a defendant. The person trying to collect on the debt is known as the “garnishor,”the defendant whose assets or wages are being sought is known as the “debtor,” and the third party served with the writ is known as the “garnishee.”

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