What are Writs of Garnishment in Miami?
A writ of garnishment is a court-imposed order that demands a third party withhold some form of property. Typically, in a debtor/creditor relationship, this means withholding money, wages, etc. for delivery to a creditor. The idea behind writs of garnishment in Miami is a viable course of action for creditors to reclaim their debts from South Florida debtors.
Garnishment law is outlined in Chapter 77 of the Florida Statutes. Wage garnishment serves as a highly effective process enabling creditors to collect on judgment debts. In the case of banks or employers, this process removes funds from the debtor’s bank account or paycheck and delivers funds to the creditor as recompense for the owed debt.
Collecting Funds with Writs of Garnishment in Miami
To begin the wage garnishment procedure, creditors must first obtain writs of garnishment in Miami. This comes directly from the court, which requires a separate writ for each country in which the creditor will levy assets. Once the creditor obtains the writ, they must provide the original writ to the sheriff’s department in the applicable county.
Every county’s sheriff’s department will have its unique process regarding wage garnishment. However, the most commonly employed method of service is by a process server. A process server will serve the writs of garnishment in Miami to the debtor’s employer, bank, etc., in addition to the debtor to inform them of the garnishment action.
Once the bank or employer receives the writ and associated garnishment information, funds become frozen for the court-ordered amount. This could reflect a series of payments or potentially the entire debt amount.
If creditors know the banks and employment resources where a debtor works or maintains accounts, they should immediately enact garnishment activities. The best place to start in this situation is often where the debtor made prior payments on the account.
If the creditor cannot ascertain this information, attorneys can conduct asset searches to help judgment debtors execute their debt collection activities.
Creditors may experience difficulty reclaiming assets with wage garnishment in situations involving multiple counties as well. This requires a notable amount of paperwork as the creditor must obtain a writ in every county to levy assets.
Attorneys experienced with writs of garnishment in Miami can assist here as well, guiding the creditor throughout the process to reclaim their rightful property.
What to Do When Receiving Writs of Garnishment in Miami
Employers who receive writs of garnishment in Miami remain required by Florida law to comply. The only exception to this rule is when an employer or a bank receives the writ in error.
The individual outlined in the writ may not reflect a current client at the bank or an employee to the served employer.
Nonetheless, any valid writ of garnishment will include a response form enabling a recourse if the writ is in error. The documents will additionally contain a garnishment calculation worksheet and other materials. It is crucial to a creditor’s success that the employer or bank correctly calculates and administers the garnishment.
Florida law requires that the debtor receives a copy of the garnishment writ. However, this should hardly reflect the first time they hear about the debt. Before seeking wage garnishment services, creditors must attempt to collect the debt through other means. This affords the debtor a set amount of time to respond and dispute the debt before garnishment activities begin.
Debtors also cannot negotiate the terms regarding their wage garnishment. Although they can potentially cease garnishment activities by contacting a creditor directly to make arrangements for payments, this ideally takes place before the court makes a judgment.
Implementing Writs of Garnishment in Miami | The Law Offices of Paul A. Humbert, P.L.
Almost every creditor could serve themselves well by swiftly executing wage garnishments on their debtor. In most cases, qualified legal teams can identify debtor assets, executing the levy in a short amount of time.
Creditors cannot afford to waste time to achieve the best possible outcome. Wage garnishment may represent the last recourse a creditor wields to obtain their rightful property.
Our lawyers from the Law Offices of Paul A. Humbert, P.L. work to help our clients reclaim debts through various methods. If you need assistance collecting a judgment debt or initiating writs of garnishment in Miami, reach out to our legal team today to schedule a consultation!
