Opinion
8:23-cv-2703-KKM-AAS
08-23-2024
ORDER
AMANDA ARNOLD SANSONE UNITED STATES MAGISTRATE JUDGE
Plaintiffs Allan Jacob and Sandra Jacob (collectively, the plaintiffs) moves the court, under Rule 69 of the Federal Rules of Civil Procedure and Florida Statutes § 77.01 et seq., to issue writs of garnishment against JPMorgan Chase Bank, N.A., Suncoast Credit Union, and Citibank N.A. for a judgment owed by Defendants Yisrael Taussig and Malka Singer Taussig (collectively, the defendants). (Doc. 40).
Rule 69 provides that a money judgment is enforced by a writ of garnishment. Fed.R.Civ.P. 69(a)(1). “The procedure on execution . . . must accord with the procedure of the state where the court is located, but a federal statute governs to the extent it applies.” Id. Florida law provides a right to a writ of garnishment to judgment creditors to help satisfy a money judgment. Fla. Stat. § 77.01. To obtain a writ of garnishment, the judgment creditor must file a motion stating the amount of the judgment. Fla. Stat. § 77.03. The writ must direct the garnishee to answer the writ within twenty days and state the amount named in the judgment creditor's motion. Fla. Stat. § 77.04.
On April 29, 2014, default judgment was entered judgment against the defendants in the amount of $250,000.00. (Doc. 35). According to the plaintiffs' motion, this amount remains unpaid. (Doc. 40, p. 1).
Accordingly, the plaintiffs' motion for writs of garnishment is (Doc. 40) is GRANTED. The Clerk of Court is DIRECTED to issue the writ of garnishment to the named garnishee using the forms attached to the plaintiffs' motion. (Docs. 40-1, 40-2, 40-3). The plaintiffs must include with the writ copies of:
a. The Motion for Writ of Garnishment (Doc. 40),
b. This Order, and
c. The Default Judgment (Doc. 35).
ORDERED.