Living in Florida and running a business has been something that you enjoy, but what you don’t appreciate is when someone doesn’t pay what they owe. You’ve called to try to collect the debt, but you haven’t been able to resolve the issue.
In this case, something that you may want to get familiar with is a writ of garnishment. A writ of garnishment is a tool that helps you collect money from a debtor who owes it. This writ is issued after you take someone to court and it is determined that they do owe you money. At that time, you can ask for the writ based on the court order.
Do you have to sue to garnish someone’s wages?
Yes. You will need to sue the debtor. Once you take them to court and make your case, the judge will determine if the debtor owes you a debt. If so, and if they do not make arrangements to pay, you may seek out a writ of garnishment to garnish their wages.
What happens when you have a writ of garnishment?
Once you have the writ, the debtor’s employer will need to abide by the order. If it asks that $200 is taken out of each paycheck, then that is what the employer will need to do. Employees are not legally able to negotiate with their employers to avoid wage garnishment, but they may speak with you directly to set up a payment plan before you need to turn to wage garnishment.
Is it worth getting a writ of garnishment?
A writ of garnishment is beneficial when you and another person cannot work out a resolution to a debt that is owed. Of course, you should consider if the effort of getting the garnishment, as well as the cost of taking someone to court, is worth the amount that is owed. You may want to look into alternatives, such as having an attorney send a letter to the debtor to state that you will take them to court if they don’t contact you to set up a payment plan or sending an offer for a reduced settlement to get at least part of what you’re owed.