Can a Florida writ of garnishment be enforced in another state?

Full question:

Can a writ of garnishment filed in Fl be enforced in any other state?

• Category: Debts and Credit
• Subcategory: Garnishment
• Date: 04/07/2025
• State: New York

Answer:

A garnishment can often be enforced in another state, especially if the debtor is employed by a company or has a bank account in that state. The garnishment action must be initiated in the state where the debtor resides, which may differ from where their employer or bank is located.

The U.S. Constitution, Article IV, Section 1, requires that states give full faith and credit to the public acts, records, and judicial proceedings of other states. This means that a judgment from one state must be recognized by another state’s court. However, enforcement actions in the second state usually require local authorities, such as marshals or sheriffs, to act on the order of their home state's court.

For example, if a judgment is obtained in Texas against a debtor with a bank account in California, the judgment creditor must register the Texas judgment as a sister-state judgment in California. They then obtain a Writ of Execution to direct a County Marshal in California to enforce the judgment by levying the debtor's bank account.

To register a sister-state judgment, the creditor applies to a court in the state where the debtor's property is located. Some courts may require a specific form, and the application must typically be filed in a particular court, such as a Superior Court, rather than a Small Claims or Municipal Court. An authenticated or certified copy of the original judgment must also be attached.

After filing the application, the creditor must notify the debtor, allowing them to raise any objections, such as defects in the original judgment. If the debtor does not respond, the sister-state judgment is usually issued, enabling the creditor to pursue enforcement remedies in the sister state.