The Florida Bank Garnishment Sequence
- Verify the bank. Confirm where the debtor holds funds. Asset investigation and public records identify likely banks.
- Motion and writ. File a motion for writ of garnishment with the court. Pay statutory fees. Court issues the writ.
- Serve the bank. The writ is served on the registered agent or branch. Service triggers the bank's freeze obligation.
- Bank's answer. The bank files a sworn answer disclosing account balance and any prior claims (other garnishments, set-off rights).
- Debtor notice. The debtor is served with notice and given a statutory period to claim exemptions.
- Exemption hearing. If the debtor claims an exemption, the court holds a hearing to determine validity.
- Disbursement. Non-exempt funds are released to the creditor under court order.
People Also Ask
Can a creditor garnish a bank account in Florida?
Yes. A Florida judgment creditor can seek a writ of garnishment against a bank account under Chapter 77, F.S. The bank freezes funds on service of the writ. The debtor receives statutory notice and may claim exemptions before disbursement to the creditor.
How long does a Florida bank garnishment take?
From writ issuance to disbursement typically takes 60-120 days, depending on bank response time, debtor exemption claims, and any contested exemption hearings. Faster if the debtor does not claim exemptions; longer if a hearing is required.
Can a debtor protect a bank account from garnishment?
A debtor can claim exemptions for funds traceable to head-of-family wages under §222.11 (protected for 6 months after deposit), Social Security, qualified retirement distributions, and other categorically exempt sources. Burden is on the debtor to prove the exemption.
What banks can be garnished in Florida?
Any bank with a Florida registered agent or Florida branches can be served with a writ of garnishment. National banks, state banks, credit unions, and online banks with Florida service availability are all reachable. Out-of-state-only banks may require domestication of the judgment.
Does the debtor know about a bank garnishment?
Yes — Florida law requires the creditor to serve the debtor with notice and a claim of exemption form within a statutory window after writ service. The debtor can request a hearing to claim exemptions. Garnishment is not silent; due process applies.
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Submit for Free ReviewRelated Florida Enforcement Topics
- Collect an unpaid Florida judgment
- No recovery, no fee
- Florida judgment interest rate
- Florida wage garnishment §222.11
- Florida judgment lien
- Florida writ of execution
- Proceedings supplementary §56.29
- Florida judgment lifespan
- Stale judgment collection
- Closed business judgment collection
- Sell my Florida judgment
- Florida judgment debtor exam
Last reviewed: April 2026