United States District Court, M.D. Florida, Orlando Division
B. SMITH United States Magistrate Judge.
case comes before the Court on the Motion for Continuing Writ
of Garnishment Against Salary or Wages (Doc. 11), and Motion
for Writ of Garnishment (Doc. 12) filed by Banco Popular
North America (“Banco Popular”). On January 19,
2017 the United States District Court for the Southern
District of New York entered judgment in favor of Banco
Popular and against Miguel Lausell in the amount of $528,
382.06 (Doc. 1-1). This amount includes $283, 093.39 in
liquidated damages; $158, 900.50 in interest; $72, 230.84 in
additional default interest; and $14, 157.33 in late fees
(Id. at 2). On March 20, 2017, United States
District Judge Paul G. Byron approved the registration of the
foreign judgment in this district court (Docket).
Continuing Writ of Garnishment Against Salary Or
satisfaction of the debt, Banco Popular may petition the
Court for a continuing writ of garnishment, issued to
Lausell's employer and against his salary or wages.
Commc'n Ctr., 2008 WL 114920, at *1 (citing Fla.
Stat. § 77.0305). The Florida Statute provides in part
Notwithstanding any other provision of this chapter, if
salary or wages are to be garnished to satisfy a judgment,
the court shall issue a continuing writ of garnishment to the
judgment debtor's employer which provides for the
periodic payment of a portion of the salary or wages of the
judgment debtor as the salary or wages become due until the
judgment is satisfied or until otherwise provided by court
Fla. Stat. § 77.0305. Banco Popular requests continued
garnishment of no more than 25% of Lausell's disposable
earnings (Doc. 11-1 at 1). This percentage is consistent with
the provisions of the Consumer Credit Protection Act.
See 15 U.S.C. §§ 1671-1673; see
also Ulisano v. Ulisano, 154 So.3d 507, 508 (Fla.
4th DCA 2015). Therefore, Banco Popular's Motion for
Continuing Writ of Garnishment Against Salary or Wages (Doc.
11) is GRANTED. The Clerk is
DIRECTED to ISSUE the
Continuing Writ of Garnishment at docket entry 11-1.
writs of garnishment on wages are subject to the federal
Consumer Credit Protection Act as well as various state
statutory exemptions. See Fla. Stat. § 222.11.
As the debtor, Lausell carries the burden of establishing his
entitlement to an exemption. Brant v. Magnificent Quality
Florals Corp., No. 07-20129-CIV, 2013 WL 1289259, at *
(S.D. Fla. Mar. 28, 2013) (citing In re: Parker, 147
B.R. 810, 812 (M.D. Fla. 1992)). In order to meet this
burden, statute requires that Lausell be given notice that
the writs of garnishment have been issued. See Fla.
consideration of the foregoing, the Clerk of
Court is DIRECTED to attach a
“Notice to Defendant” to the issued writs that
complies with Fla. Stat. § 77.041. Once the writs are
issued by the Clerk of Court, Banco Popular is
DIRECTED to MAIL copies of
the garnishment writs, copies of the motions requesting the
writs, and the Notice to Lausell's last known address,
pursuant to Fla. Stat. § 77.041(2).
Writ of Garnishment
judgment/creditor, Banco Popular is entitled to have its
money judgment satisfied through the statutory method of
garnishment, but the writ must be filed in accordance with
“the law of the state where the court is located,
” which, in this case, is Florida. Blitz Telecom
Consulting, LLC v. Peerless Network, Inc., Case No.
6:14-cv-307-Orl-40GJK, 2016 WL 7134831, at *1 (M.D. Fla.
April 5, 2016) (citing Fed.R.Civ.P. 69(a)(1)). “Under
Florida law, post-judgment writs of garnishment may be issued
ex parte and without notice to the judgment
debtor.” Id. (citing United Presidential
Life Ins. Co. v. King, 361 So.2d 710, 713 (Fla. 1978);
Commc'ns Ctr., Inc. v. Komatsu, Case No.
6:05-cv-1254-Orl-31GJK, 2008 WL 2717669, at *1 (M.D. Fla.
June 27, 2008)). The writ of garnishment entitles Banco
Popular to access any debt due and “any tangible or
intangible personal property” of Lausell that is within
the possession or control of a third person - in this case,
Origami Interamerica Corporation. Fla. Stat. § 77.01.
The Court may issue the writ of garnishment to the judgment
creditor “either before or after the return of
execution. Fla. Stat. § 77.03. All that is necessary to
obtain a writ of garnishment is to “file a motion ...
stating the amount of the judgment, ” Fla. Stat. §
77.03, which Banco Popular has done here. Banco Popular's
Motion for Writ of Garnishment (Doc. 12) is therefore
GRANTED. The Clerk is
DIRECTED to ISSUE the Writ
of Garnishment at docket entry 12.
 Federal Rule of Civil Procedure 69 is
entitled “Execution.” As a judgment/creditor,
Banco Popular is entitled to execute its money judgment
pursuant to Fed.R.Civ.P. 69(a). See Fla. Stat.
§ 56.021; see also Bre Mariner Marco Town Ctr., LLC
v. Zoom Tan, Inc., Case No. 2:15-cv-284-FtM-29CM, 2016
WL 6138623, at *2 (M.D. Fla. Oct. 21, 2016). Although
Plaintiff seeks a writ of garnishment pursuant to the Florida
garnishment statute “made applicable by Rule 69(a),
” it has not petitioned the Court for the issuance of a
writ of execution. The two forms of post-judgment relief are
different. Bre Mariner, 2016 WL 6138623, at *2. The
viability of a writ of garnishment does not depend on whether
or not a writ of ...