Opinion
2:20-cv-718-JLB-KCD
05-25-2023
DEREK RUNION and FLORIDA CAPITAL ASSETS, LLC, Plaintiffs, v. PAUL BERNARD, IBEX ENERGY INC. and JOHN BIALLAS, Defendants.
ORDER
Kyle C. Dudek United States Magistrate Judge
Before the Court is Defendants' Motion for Writ of Garnishment. (Doc. 70.) Earlier this month, the Court entered a judgment against Plaintiffs (jointly and severally) in the amount of $16,320.50. (Doc. 68.) Defendants now seek to attach financial accounts believed to belong to Plaintiffs.
Federal Rule of Civil Procedure 69 provides that “[a] money judgment is enforced by a writ of execution, unless the court directs otherwise.” Id. The procedure for writs of execution is governed by state law. Id. Florida law provides that a judgment creditor may request the clerk of court to issue a writ of garnishment to satisfy a judgment. Fla. Stat. § 77.01. Florida law also provides that a judgment against a debtor may be levied on tangible or intangible personal property held by a garnishee. Id. Defendants have complied with the statutory prerequisites for obtaining the writ they seek. Thus, the Court will direct the Clerk to issue the proposed writ of garnishment.
Accordingly, it is ORDERED:
1. Defendants' Motion for Writ of Garnishment (Doc. 70) is GRANTED.
2. The Clerk is directed to issue the proposed writ (Doc. 70-2).