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Execution

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Local Rule Number: 
Rule 7069-1
7000 Series

(a)      Writ of Garnishment.

(1)      Procedure. A motion to issue a writ of garnishment must attach:

(A)      a proposed form of writ of garnishment, which must include notice in bold that “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.”;

(B)      if the writ of garnishment is sought under Fla. Stat. §§ 77.0305 or 77.031, a proposed order; and

(C)      if the defendant is an individual, local form Notice to Defendant of Right Against Garnishment of Wages, Money, and Other Property.

(2)      Claim of Exemption. A timely claim of exemption filed with the court under Fla. Stat. § 77.041 will be set for hearing. Failure of the plaintiff to timely object to a claim of exemption under Fla. Stat. § 77.041 will result in cancellation of the hearing and dissolution of the writ of garnishment, of which the clerk will notify the parties by mail.

(b)     Satisfaction of Judgment. A satisfaction of judgment must be filed with the court promptly upon collection of the judgment.