Q: What sum cost are included on page 2 of Motion For Continuing Garnishment?
Motion For Continuing Garnishment form in the state of Florida. On page 2 of that form, it states, " Plaintiff further moves the court to award the Plaintiff the costs incurred in this Garnishment action in the sum of $___." What cost do I add and/or place in the blank__?
A: Every county clerk website has a page of fees. I imagine that you will file the motion in person, so the cost to file the garnishment is $85.00. The sheriff will serve the writ in your county for $40.00. *Make sure you get the garnishee correct.* If the garnishee hires an attorney to file an answer to the writ, it will cost you $100.00 for the garnishee's attorney's fees. Some garnishees answer the writ without hiring an attorney to do so, so there's no garnishee attorney's fees in that circumstance. I would assume that the garnishee will hire an attorney.
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A: I am of the opinion that the costs of the garnishment action itself are not recoverable costs because they are not provided for by statute.
Paz v. Hernandez 654 So.2d 1243 (1995)
Many disagree with me, but I have yet to be overruled on such an objection. And if its a consumer debt, it could be a REAL problem to try to collect money that isnt legally due and owing.
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