Allison L. Friedman, P.A.
Working Quickly and Aggressively
to Collect your Debts
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September 2013 Archives

Judgments Against Defaulted Garnishees

I recently had a potential client contact me concerning the consequences of a garnishee's failure to answer a writ of garnishment. Florida law provides that a judgment creditor may serve an employer to garnish a debtor's wages as well as any other entity that may be holding funds of the debtor, such as a bank. Once served with the writ of garnishment, the employer, bank or other entity becomes the "garnishee." The garnishee then has 20 days to serve its answer to the garnishment stating the funds, if any, that the garnishee has belonging to the debtor.

Successfully Setting Aside Fraudulent Transfer of Stock

My firm was recently successful in collections by having a stock transfer from a husband to his second wife set aside as fraudulent. The husband was in a bitter divorce with his former wife and had many judgments entered against him in favor of his ex-wife. During the divorce proceedings, he remarried and transferred 50% of his ownership in his company to his second wife. As a result, we filed a motion to implead the second wife as a third-party defendant to have the transfer to her set aside, which the court granted. As long as a creditor has an outstanding judgment and files the requisite affidavit pursuant to the proceedings supplementary statute (Fla. Stat. §56.29(1)), the creditor is entitled to proceedings supplementary against any recipient of a fraudulent transfer from the debtor.