What to do if your judgment is garnished in Florida?
If the judgment being enforced is greater than 20 years old, you should make a claim of exemption to avoid or stop the garnishment. Verify the amount due. Make sure the total amount being withheld is correct. In Florida, a garnishment will continue to be applied until the entire debt is paid.
Do you have to go to a garnishment hearing?
The Garnishment Hearing. If the court provides for a garnishment hearing, you must attend that hearing to protect your wages. The hearing date and time is either provided automatically with the initial garnishment notice, or given to you later, after you have filed your objection.
Are there any exemptions to writ of garnishment in Florida?
Florida Garnishment Exemptions Florida law exempts several types of debtor assets from writs of garnishment. Examples of Florida garnishment exemptions include a head of household exemption applicable to a wage garnishment, or an exemption to garnishment of a bank account holding retirement distribution proceeds.
When to hire a wage garnishment attorney in Florida?
It is important to hire a Florida Wage Garnishment Attorney for the best way forward, if you have already completed payments for the debt, if it was included and then discharged in a bankruptcy or if it never belonged to you in the first place. Immediately after a Chapter 7 or Chapter 13 bankruptcy case is filed an automatic stay will be enacted.
How to respond to a Florida writ of garnishment?
Florida garnishment law requires the creditor to provide the debtor with a copy of the creditor’s motion, a copy of the Writ of Garnishment issued by the clerk of the court, and a Claim of Exemption form within five days of clerk’s issuance of the Writ, or within three days of service onto the garnishee, whichever is later.
Can a wage garnishment be used against a Head of Household in Florida?
Wage garnishment in Florida is not permitted against a debtor who qualifies as the head of household. Head of household law is complex. A debtor who receives notice that his wages have been garnished must affirmatively assert their head-of-household exemption.
Can a bank be held liable for garnishment in Florida?
Under Florida law, a debtor cannot hold a bank liable for damages because the garnishee bank froze an account holding money exempt from garnishment. The debtor must obtain a court order upholding the exemption and dissolving the garnishment.
Can a wage garnishment be done without a court order?
Some debts bypass the above process. If you owe money for income taxes, child support, or student loans, then your wages can be garnished without a court order. How Long Do Wage Garnishments Last? What makes the Florida wage garnishment particularly effective is the ongoing nature of the writ.