Michael Grecco Productions, Inc. v. Soffersapp, LLC et al

Filing 49

ORDER granting 46 Motion for Continuing Writ of Garnishment on Wow Marketing, Corp. Directing Clerk to Issue Writ. Signed by Ch. Magistrate Judge John J. O'Sullivan on 7/22/2021. See attached document for full details. (Attachment: # 1 Writ) (mkr)

Case 1:16-cv-24966-MGC Document 49 Entered on FLSD Docket 07/22/2021 Page 1 of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 16-24966-CIV-COOKE/O'SULLIVAN
MICHAEL GRECCO
PRODUCTIONS, INC.,
Plaintiff,
v.
SOFFERSAPP LLC, and
ROBERT M. SAPP,
Defendants,
and
WOW MARKETING, CORP.,
Garnishee.
________________________________/
ORDER
THIS MATTER is before the Court on the Plaintiff’s Ex Parte Motion for
Continuing Writ of Garnishment Against Salary or Wages (DE# 46, 4/28/21) (hereinafter
“Motion”).
BACKGROUND
On November 8, 2017, the Court entered a final default judgment in favor of the
plaintiff, Michael Grecco Productions, Inc., and against the defendants, SofferSapp, LLC
and Robert M. Sapp in the amount of $300,000 in statutory damages and $18,938.74 in
fees and costs. See Order Granting Plaintiff’s Motion for Entry of Default Judgment
Against Defendant Soffersapp LLC and Adopting Report and Recommendations
(DE# 41 at 3, 11/8/17).

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ANALYSIS
Rule 69 of the Federal Rules of Civil Procedure states that “[t]he procedure on
execution--and in proceedings supplementary to and in aid of judgment or execution-must accord with the procedure of the state where the court is located, but a federal
statute governs to the extent it applies.” Fed. R. Civ. P. 69(a). Garnishment proceedings
in Florida are governed by Chapter 77 of the Florida Statutes. Section 77.01 states that
“[e]very person or entity who has sued to recover a debt or has recovered judgment in
any court against any person or entity has a right to a writ of garnishment . . . .” Fla.
Stat. § 77.01.
To obtain a writ of garnishment after a judgment has been issued, “the plaintiff
. . . shall file a motion (which shall not be verified or negative defendant's exemptions)
stating the amount of the judgment. The motion may be filed and the writ issued either
before or after the return of execution.” Fla. Stat. § 77.03. Continuing writs of
garnishment against salaries or wages are governed by section 77.0305. Section
77.0305 states that:
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
order. . . . The court shall allow the judgment debtor’s employer to collect
up to $5 against the salary or wages of the judgment debtor to reimburse
the employer for administrative costs for the first deduction from the
judgment debtor’s salary or wages and up to $2 for each deduction
thereafter. The funds collected by the state under this section must be
deposited in the Department of Financial Services Administrative Trust
Fund for purposes of carrying out this section.
Fla. Stat. § 77.0305 (emphasis added).

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The form of the writ of garnishment must comply with section 77.04, which states
that:
The writ shall require the garnishee to serve an answer on the
plaintiff within 20 days after service of the writ stating whether the
garnishee is indebted to the defendant at the time of the answer, or
was indebted at the time of service of the writ, plus up to 1 business
day for the garnishee to act expeditiously on the writ, or at any time
between such times; in what sum and what tangible or intangible personal
property of defendant the garnishee has in his or her possession or control
at the time of his or her answer, or had at the time of the service of the
writ, or at any time between such times; and whether the garnishee knows
of any other person indebted to defendant, or who may have any of the
property of defendant in his or her possession or control. The writ shall
state the amount named in plaintiff's motion. If the garnishee is a business
entity, an authorized employee or agent of the entity may execute, file,
and serve the answer on behalf of the entity.
Fla. Stat. § 77.04 (emphasis added). “Post-judgment writs of garnishment may be
issued ex parte and without notice to the judgment debtor.” Ainbinder v. Hingson, No.
8:18-MC-54-T-33JSS, 2018 WL 6605247, at *1 (M.D. Fla. July 23, 2018) (citation
omitted).
The plaintiff seeks the issuance of a continuing writ of garnishment directed to
Wow Marketing, Corp. See Motion at 1. The plaintiff asserts that “[s]ince entry of the
judgment, no portion of it has been satisfied.” Id. at 2. The plaintiff further asserts that it
“has a good faith belief that Robert M. Sapp is employed by Garnishee, who pays a
regular salary or wage to Robert M. Sapp which is subject to garnishment.” Id. In
addition to the Motion, the plaintiff has filed a proposed continuing writ of garnishment
against salary or wages. See Plaintiff’s Notice of Filing Proposed Continuing Writ of
Garnishment Against Salary or Wages (DE# 47, 4/28/21).
The Court finds that the plaintiff is entitled to the issuance of a continuing writ of
garnishment under the applicable provisions of Chapter 77.

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CONCLUSION
Based on the foregoing, it is
ORDERED AND ADJUDGED that the Plaintiff’s Ex Parte Motion for Continuing
Writ of Garnishment Against Salary or Wages (DE# 46, 4/28/21) is GRANTED as
follows:
1.

The Clerk of the Court shall issue a continuing writ of garnishment to Wow

Marketing, Corp., a copy of which is attached to this Order;
2.

The continuing writ of garnishment issued by the Clerk of the Court shall

be accompanied by copies of Plaintiff’s Ex Parte Motion for Continuing Writ of
Garnishment Against Salary or Wages (DE# 46, 4/28/21) and the Order Granting
Plaintiff’s Motion for Entry of Default Judgment Against Defendant Soffersapp LLC and
Adopting Report and Recommendations (DE# 41, 11/8/17). The Clerk shall also attach
to the writ the “Notice to Defendant” required by Section 77.041(1) of the Florida
Statutes and
3.

The plaintiff shall comply with Fla. Stat. § 77.041(2).

22nd
DONE AND ORDERED in Chambers at Miami, Florida, this _____ day of July,

2021.
_______________________________________
JOHN J. O'SULLIVAN
CHIEF UNITED STATES MAGISTRATE JUDGE

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