By: Armando Nozzolillo and Michael S. Waskiewicz
Garnishments are one of the most effective tools at a creditor’s disposal for collection purposes. The rules and requirements for initiating a garnishment action are laid out in Chapter 77, Florida Statutes. Garnishment actions are generally ancillary to the main action brought by a creditor to establish a debt. However, Garnishment proceedings are still treated as separate and distinct from the main action, and thus, garnishees are not treated as agents of debtors.
The debtor moved to dissolve the writ arguing that judgment creditor failed to properly serve the Bank by either hand-delivery by a sheriff or a certified process server. In denying the debtor’s argument, the Court relied on an old Florida Supreme Court case standing for the proposition that a garnishee can waive the requirement of strict compliance with the service requirements. Furthermore, the Court pointed to the well-settled principal in Florida that any defect in service of process can be waived by a general appearance of a party.