Understanding the Concepts Regarding Writs of Garnishment in Edgewater
Garnishment, no matter if this represents issuing writs of garnishment in Edgewater against a bank account or on an employer to garnish wages continues increasing in popularity amongst creditors.
The primary reason creditors rely on these processes is that it imparts a powerful, as well as practical effect on most debtors. After all, writs of garnishment in Edgewater essentially goes after the debtor’s livelihood, i.e., their income or existing assets.
To put this in simple terms, writs of garnishment in Edgewater remain an effective resource for creditors that enables them to recover money from consumers. What once served as a last resort effort, now serves as an ideal method that creditors can regularly utilize to attain recompense for outstanding debts.
For this reason, our team from the Law Offices of Paul A. Humbert, P.L. is outlining some information concerning writs of garnishment in Florida, including how the methods can benefit creditors.
Garnishment in Florida
Garnishment serves as Florida law-provided mechanism that enables creditors to bypass individual debtors. This means that a creditor can seek debt repayment directly from those that owe them money by leaning on resources like employers, and even bank accounts.
As opposed to approaching a debtor directly for repayment, writs of garnishment in Edgewater affords the creditor an ability to satisfy the debt by issuing the writ on an employer or bank. As a result, the writ will demand that these entities involuntarily (to the debtor) divert the money to satisfy the outstanding debt.
The method continues increasing in popularity amongst creditors because it represents an inexpensive, effective, and relatively straightforward procedure. In Florida, the withholdings continue until the debtor repays the judgment in full. This includes interest, cost, in addition to fees in the majority of cases. Unfortunately for debtors, this can actually go on for years before reaching an inevitable conclusion.
How Writs of Garnishment in Edgewater Work
When a creditor files a garnishment, they must act within strict compliance with Chapter 77, Florida Statutes. This governs the process concerning withheld and frozen money, free for disbursement to creditors who initiate wage garnishment.
Debtors remain unentitled to a notification before initiation and service of writs of garnishment in Edgewater. Only after the completion of service of process concludes will the debtor receive statutory notice.
A debtor may choose to do nothing, and the court will enter a final garnishment judgment. Then, the creditor gains entitlement to the withheld assets from the debtor’s salary or wages until the full judgment debt resolution.
Furthermore, creditors only wield one chance to assert their claim to a debtor’s assets. They cannot keep making claims until they prevail. Additionally, the garnishment procedures remain under strict regulations and deadlines from the court. For this reason, a creditor rights and debt collection attorney should remain necessary through each phase of the process.
When a creditor fails to initiate and pursue wage garnishment properly, they could end up losing the chance to reclaim their debt. In fact, debtors can claim exemptions from wage garnishment that prevents a creditor from ever reaching these assets.
Not every debtor remains eligible for exemption. However, many are, and can adequately present their case before the court to qualify for the exemptions they seek. This can prove devastating to a creditor seeking to reclaim a judgment debt.
Writs of Garnishment in Edgewater with an Attorney from the Law Offices of Paul A. Humbert, P.L.
The majority of creditors in wage garnishment cases cannot obtain a writ before obtaining a judgment outlining that the debtor owes them money. This requires filing a lawsuit and winning a favorable judgment after the case.
Florida law additionally imposes limits on how much money creditor may garnish from a paycheck as well governed ultimately by federal garnishment law. This is not a situation to approach alone. Attorneys that remain familiar with creditor rights and debt collection remain imperative to attain a positive outcome.
Our firm, the Law Offices of Paul A. Humbert, P.L. remains committed to the defense and representation of creditor clients that vary from large corporations and banks and small-sized businesses that need to reclaim a debt.
To learn more about what a professional attorney from our firm can do to help you reclaim your debt, as well as additional information on writs of garnishment in Edgewater, contact our dedication and experienced law firm today to schedule a consultation!
- “What is a garnishment? – Consumer Financial Protection Bureau.” 24 Oct. 2017, https://www.consumerfinance.gov/ask-cfpb/what-is-a-garnishment-en-1385/.
- “Chapter 77 – GARNISHMENT: Florida CIVIL PRACTICE … – Justia Law.” https://law.justia.com/codes/florida/2005/TitleVI/ch0077.html.
- “Form 1.907 Garnishment | Florida Rules of Civil Procedure.” https://floridarules.net/civil-procedure/form-1-907-garnishment/.
- “Statutes & Constitution :View Statutes : Online Sunshine.” http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0077/0077.html.
- “1.070 Process – Florida Rules of Civil Procedure.” https://www.floridacivpro.com/rules-1-010-to-1-250/1-070-process/.
- “Definition of STATUTORY NOTICE • Law Dictionary • TheLaw.com.” https://dictionary.thelaw.com/statutory-notice/.
- “Florida Statute 222.11 – Statutes & Constitution :View Statutes : Online ….” http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0222/Sections/0222.11.html.