Florida Wage Garnishment Attorneys
A Florida writ of garnishment is a creditor tool that seeks money owed to a judgment creditor. The writ of garnishment allows a creditor to seize assets owed to a debtor by third parties. These include wages and salary owed by an employer, as well as checking or savings accounts, rental income, or money held in a trust account by the debtor’s attorney.
Courts see checking accounts as debts due to their status as demand accounts. What this means is that the financial institution in question owes money on deposit to a debtor on demand.
Florida’s statute on garnishment includes numerous requirements and complicated procedures. To achieve a successful writ of garnishment, a judgment creditor files a motion with the courts, paying a fee.
The clerk then issues a writ of garnishment, and the creditor serves the writ to a garnishee. This entity includes the debtor’s employer, bank, stock broker, or other financial entity.
Florida Statutes additionally require that a creditor provides the debtor with a copy of the motion for writ of garnishment. This copy is issued by the Clerk of Court, in addition to a Claim of exemption form within five days from filing.
This form provides the debtor notice of their right for the statutory exemption. This is applicable to the garnished assets. If the debtor believes that this asset is exempt from garnishment, they can state this explanation on the form and then file it with the court.
The court then sets a hearing on the exemption claim. The debtor possesses the right to expedite this process by scheduling a hearing time with the judge’s office as well as the creditor’s legal representation.
Claim of Exemption
When a debtor claims exemption from garnishment, the creditor wields three days to contest the exemption. This time period begins from the date the debtor serves the claim by hand delivery or fax. The contest period increases to eight days if they serve the claim by mail.
A garnishee must file an answer to the garnishment within 20 days. Their response contains information on whether or not the garnishee possesses any property, money, or other assets belonging to the debtor.
Within five days of the garnishee’s notice, the creditor must provide the debtor with a copy of this answer. The debtor now possesses 20 days to move for the garnishment dissolution.
In some circumstances, the judgment creditor does not believe the garnishee’s response. Though an answer states that the garnishee is not in possession of a debtor’s property, the creditor could believe otherwise.
When this occurs, the creditor can challenge the garnishee’s response to the write. This is done through filing a reply denying the answer from the garnishee. The court sends this matter for a hearing to determine the answer’s validity.
A debtor can file a motion to dissolve for numerous reasons. These include procedural defects regarding the writ’s administration or assertion of exemption.
A creditor’s garnishment can still result in the freezing of an account. This is due to creditors garnishing a bank, not the specific account. Creditors can serve a writ of garnishment on any bank where a debtor maintains their account.
To serve this writ, the bank may or may not contain all of the debtor’s accounts with or without exemption. The debtor then must convince the creditor to free the exempt account or achieve a court order to uphold their exemption. When an exemption is upheld, this dissolves the garnishment.
An exemption is not an automatic outcome. If an exemption applies to a debtor, they must assert it properly through filing the claim or motion to dissolve timely. Eventually, this individual may need evidence that they qualify for the exemption.
Has a creditor garnished your bank account or wages through a Florida writ of garnishment? You can get the garnishment dissolved. The law sets strict regulation for garnishment. If the creditor does not adhere to the law, then you can dissolve the garnishment.
Writ of Garnishment Lawyer in Miami from the Law Offices of Paul A. Humbert, P.L.
We help individuals and business cultivate plants to implement an asset protection plan. This assists them to protect their assets from credit collections. We also assist creditors in filing writs of garnishment against debtors.
In a situation regarding wage garnishment? You must work swiftly to claim your exemption and file a motion to dissolve the writ. Information concerning exemptions is located within Florida Statutes.
It is a good idea to work towards settling the judgment debt while you work to defeat your writ of garnishment.
A writ of garnishment case is often fact-intensive and technical in nature. For this reason, a qualified writ of garnishment lawyer in Miami is necessary for an optimal outcome. The attorneys at the Law Offices of Paul A. Humbert, P.L. wield experience and education to help your case.
A writ of garnishment lawyer in Miami from our firm maintains focus on your needs and representing your best interests in South Florida court. When the pressure is on, our team shows their true colors at the peak of their skills.
We achieve optimal successes for our clients at the litigation table, as well as inside of the courtroom. We quickly analyze the strength and weaknesses of your case. Furthermore, we will assess the viability concerning your case.
For more information on a writ of garnishment lawyer in Miami from our firm, contact the Law Offices of Paul A. Humbert, P.L. today!