IN THE COUNTY COURT OF POLK COUNTY, FLORIDA
CIVIL DIVISION
CASE NO. ___________________________

                                                                Plaintiff,

vs.

                                                                Defendant,

and

                                                                Garnishee.

_______________________________________________/

MOTION FOR FINAL JUDGMENT IN CONTINUING GARNISHMENT

    Plaintiff moves for entry of Final Judgment in Continuing Garnishment and hereby states:

    1.     Plaintiff served a Writ of Continuing Garnishment on Garnishee who has filed an answer stating that the amounts required by law are being withheld from Defendant’s earnings.

    2.     Plaintiff has mailed to the Defendant the Notice of Garnishment and the Defendant has failed to move to dissolve this garnishment pursuant to Florida Statutes 77.05.

    3.             _______     Plaintiff is entitled to receive the $100.00 deposited into the Registry of the Court since Garnishee has not
                                       retained an attorney to file the Answer.

      _______      Garnishee is entitled to receive the $100.00 deposited into the Registry of the Court since Garnishee
                         did retain an attorney to file the Answer. 

    4.     Plaintiff has incurred costs as a result of this garnishment.

    WHEREFORE Plaintiff requests this Court grant its motion, taxing costs against the Defendant, and enter a Final Judgment on Continuing Garnishment ordering Garnishee to pay to the Plaintiff all sums withheld until the amount set forth in the writ, including all accrued interest and costs are paid in full; and that the $100.00 in the Registry of the Court be released to Plaintiff or Garnishee as checked above.

    I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U. S. Mail to parties listed above this _____ day of _____________, 199___.

___________________________________

                                                                                                                                                                                        Plaintiff

Rev. 03/96

165.doc (07/97)