What does it mean to have a writ of garnishment?
Service of Process. Writ of Garnishment. A writ of garnishment is a process by which the court orders the seizure or attachment of the property of a defendant or judgment debtor in the possession or control of a third party.
How to contest a garnishment or attaching bank account?
To learn how the judgment debtor asserts his exemptions, click to visit Contesting a Garnishment or Attachment. Here are some types of money and property you should try to identify: You may be able to get a court order called a Writ of Garnishment to obtain a portion of the judgment debtor’s wages.
Can a bank freeze an account after a writ of garnishment?
It is usually legal for a bank to freeze an account if the bank has received a writ of garnishment. The writ of garnishment is a court order and the bank has to comply.
When does a landlord file a writ of restitution?
After a judgment for possession is entered, your landlord must file a writ of restitution to evict you. Your landlord must wait two days after the judgment is entered to file the writ. The writ becomes “live” or active three days after it is filed. Writs last for 75 days, so you can be evicted within that period.
Why do I need a writ of garnishment?
A Writ of Garnishment allows a judgment creditor limited access to the judgment debtor’s account, as explained in further detail below. Once a judgment creditor has a judgment, it may petition the Court for a writ of garnishment, including the original judgment debtor, and the judgment debtor’s financial institution (i.e., bank).
Can a writ of garnishment be served without penalty in Florida?
A creditor may, without penalty, serve a writ of garnishment on any bank where the debtor maintains an account, even if a court later determines that one or more debtor accounts contain exempt funds. Under Florida law, a debtor cannot hold a bank liable for damages because the garnishee bank froze an account holding money exempt from garnishment.
Can a writ of garnishment freeze a bank account?
Often, a debtor finds that exempt money held in a bank account is frozen by a judgment creditor’s writ of garnishment. This happens because creditors garnish banks, not bank accounts.
When to move for dissolution of writ of garnishment?
Within five days after service of the answer, the creditor must provide the debtor with a copy of the garnishee’s answer and a notice that the debtor has 20 days to move for a dissolution of the garnishment. Sometimes, the judgment creditor does not believe the garnishee’s answer.