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Execution

Local Rule Number: 
Rule 7069-1
7000 Series

(A)       Authority.  Procedures in aid of execution of a judgment of this court may be conducted in the same proceeding in which the judgment was entered.

(B)       Registration of Judgment from Another District.  Judgments entered in another district may be registered in this district prior to or at the time a writ of execution or garnishment is sought by filing, with the clerk, a copy of the judgment (including any bill of costs entered), accompanied by the miscellaneous proceeding fee and the Administrative Office of the U.S. Courts Director’s Form “Certification of Judgment for Registration in Another District”, or a certified copy of an order allowing the judgment to be registered in this district.

(C)       Writ of Execution.  The party seeking the issuance of a writ of execution shall prepare the Local Form “Writ of Execution to the United States Marshal” for the clerk to issue.  The writ shall be accompanied by a motion for writ and a certified copy of the judgment, including any bill of costs entered.

(D)       Writs of Garnishment.  Writs of garnishments shall be issued in accordance with Florida law.

(1)        Issuance of Writ. Required Notice to Garnishee.  The party seeking issuance of a writ of garnishment shall file a motion accompanied by a prepared writ, a certified copy of the judgment, and any bill of costs entered.  If the writ is issued against an individual, the clerk shall attach to the writ a copy of the Local Form “Notice Pursuant to Florida Statute §77.041 to Defendant of Right Against Garnishment of Wages, Money and Other Property” with attached “Claim of Exemption and Request for Hearing” (with the caption of the case filled in on the form “Claim of Exemption and Request for Hearing”).  The following notice must accompany service of the writ:  “Under Florida Statutes §77.28, upon issuance of any writ of garnishment, the party applying for it shall pay $100 to the garnishee on the garnishee’s demand at any time after the service of the writ, for the payment or part payment of his or her attorney’s fees which the garnishee expends or agrees to expend in obtaining representation in response to the writ.”  In addition to service of other garnishment papers, a copy of this rule shall be served on the defendant.  If the writ is being sought pursuant to Florida Statute §77.0305 (continuing writ of garnishment against salary or wages) or Florida Statutes §77.031 (issuance of writ before judgment), the filing of the writ must be accompanied by a motion and a proposed order.

(2)        Objection to Claim of Exemption.  An objection to a defendant’s “Claim of Exemption and Request for Hearing” shall be set for hearing in accordance with Local Rule 9073-1.

(3)        Dissolution of Writ by Clerk.  The clerk shall automatically dissolve the writ and notify the parties of the dissolution by mail upon failure of the plaintiff to timely contest the defendant’s claim of exemption.

(4)        Deadlines.  Absent further order of the court, the procedures and deadlines set forth in Florida Statute §77.041, shall apply to writs of garnishments issued in this court.

☞2015 Amendment: Local Rule 7069-1 amended to incorporate the provisions of Interim Local Rule 7069-1(D) adopted by Administrative Order 14-04.

(E)        Satisfaction of Judgment.  Satisfaction of judgment shall be filed with the court promptly upon collection of the judgment.

(F)        Effect of Appeal.  The filing of a notice of appeal shall not stay issuance of a writ absent entry of an order granting stay of execution prior to the expiration of the time for appeal of the judgment.