Florida Statutes 77.13 – Execution on garnishee’s refusal to surrender property
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Terms Used In Florida Statutes 77.13
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Personal property: All property that is not real property.
- Plaintiff: The person who files the complaint in a civil lawsuit.
If garnishee will not surrender the personal property belonging 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 plaintiff‘s judgment against defendant. The officer shall sell garnishee’s property as under other executions. Garnishee may release his or her property from the levy and sale by surrendering the property of defendant to the officer levying the execution at the time appointed for the sale of garnishee’s property so levied on, or at any time before the day of the sale and by paying the costs of the proceedings to sell up to the time of the surrender.