Writs of garnishment are powerful legal tools that allow creditors to directly take money from a debtor’s bank account or wages. These tools are essential for creditors in recovering funds owed on delinquent debts. However, neither the debtors nor their employers are the only parties who suffer when a creditor files a writ of garnishment in Florida.
Creditors and the court system also experience negative consequences as a result of these legal procedures. When creditors file writs of garnishment, a debtor might lose his or her job and be unable to find another one due to a lack of trust from future employers. The court system can also become burdened with numerous cases involving similar debtors and diminishing amounts of assets to recover for creditors.
The complexity of when and how creditors should use writs of garnishment is just one factor you should consider before filing in court. To help you better understand this topic, we’ve outlined some key points below.
What is a Writ of Garnishment?
A writ of garnishment (or garnishment) is a court order that directs a third party (such as a debtor’s employer) to withhold funds from the debtor’s earnings and pay them directly to the creditor.
Garnishment is one of the ways a creditor can collect a debt. A creditor first must sue you and get a money judgment to garnish your wages. This is a legal term for taking money from you to pay a debt. A creditor can also garnish your bank account, as well as any money that is owed to you, such as a government benefit, or a child support payment.
Garnishment is meant to be a last resort for creditors. If it gets to this point, it can be a real hassle for both the debtor and their employer. Creditors may file a writ of garnishment if you ignore their collection letters and phone calls, or if you ignore a court order to appear in court.
Governed by Florida Statute §77, writs of garnishment in Florida are a trap for the unseasoned collections attorney or pro se creditor.
Fraught with draconian deadlines, Florida garnishment cases should be approached with extreme caution. A failure to abide by the strict dictates of the statute will result in the likely dissolution of the garnishment. In the event significant funds have been frozen of the judgment debtor by the garnishee bank, this could spell trouble for the judgment creditor (and a call to the malpractice insurance carrier for the creditor’s attorney).
Writs of garnishment in Florida often involve freezing a debtor’s bank account, and the commutable nature of money makes it crucial to find a collections attorney with seasoning in the field before undertaking a garnishment case. In the event a mistake is made, the damage is often already done; money has been absconded with or transferred to a remote jurisdiction, making further collections futile.
The Basics of Writs of Garnishment in Florida
A creditor can pursue a writ of garnishment after winning a judgment against a debtor by filing a court document known as a “writ of garnishment.” This writ is filed with the court that issued the original judgment and instructs the court clerk to issue an order to an employer to withhold a portion of the debtor’s wages. The garnishment order must specify the amount that the employer must withhold.
A garnishment is not a new lawsuit. Instead, it is a procedure for enforcing a previously issued judgment. The creditor will include a “Notice of Right to Examine” that the debtor can request for more information about the garnishment. If the debtor does not respond within 30 days, the garnishment will become final and the employer will be required to withhold funds from the debtor’s earnings.
Creditors can use writs of garnishment in Florida to collect a debt, such as an unpaid credit card account or court-ordered child support payment. If a debtor owes money to a creditor and has failed to repay the debt, the creditor may file a writ of garnishment to collect the debt. However, a writ of garnishment is not a first step in the collection process.
Creditors can only use writs of garnishment after they’ve obtained a judgment against a debtor in court. When facing garnishment and the debtor believes it is improper, their best course of action is to respond appropriately. If they do not respond or ignore the action, the garnishment will likely go through and a creditor can collect the funds owed.
Writs of Garnishment in Florida | The Law Offices of Paul A. Humbert, P.L.
The process of collecting debts is a constant struggle between creditors and debtors. On one side, creditors want to collect their money, and on the other, debtors want to be left alone.
Creditors can use powerful legal tools such as writs of garnishment in Florida to collect debts, but these devices could have negative consequences for both the debtor and the employer. There are many things debtors can do to avoid being garnished, however, the best thing they should do is to talk to the creditors and try to come to an agreement.
To learn more about writs of garnishment in Florida, creditor defense, and how a debt collection attorney from the Law Offices of Paul A. Humbert, P.L. can assist with your collections process, reach out to our form today to schedule a consultation.
