Most business owners don’t like the idea of garnishing a customer’s wages because they owe them money. However, it may end up being the best option. The law recognizes that wage garnishment can be financially debilitating. That’s why it has to be ordered by a court...
Garnishment
What kinds of income can be exempted from garnishment in Florida?
One effective way to collect on a debt owed to your business is to seek a writ of garnishment. This is a court order to third parties such as employers and banks to place a hold on or seize assets belonging to the debtor. Garnishments are most often associated with...
Do you have to warn someone about wage garnishment actions?
As a business owner who hasn’t received payment for your services, you need to take action. You’ve called the debtor and asked them to set up a payment plan for you with no luck. You’ve talked to them a few times and understand that they are working but yet have made...
How much does someone need to make for a garnishment to work?
Most people do their best to repay their debts. Unfortunately, there are also people who do just about anything to avoid repaying what they owe. They might quit their jobs, move to new homes or change their phone numbers all in the hopes of avoiding collection...
Pre-Judgment Writs of Garnishment
Pre-judgment writs of garnishment against bank accounts and accounts payable can be very effective in collecting funds owed by a debtor. Florida Statutes §77.031 allows a creditor to obtain a writ of garnishment before serving the debtor with any notice. This...
Appellate Court Upholds Garnishment Exemption for Non-Resident
A few months ago I handled a claim of exemption hearing for a client seeking a head of household exemption for garnishment of his wages. My client resides in another state, but his employer is a Florida corporation and was served with a writ of garnishment in Florida....
Garnishment of Non-Resident’s Salary/Wages: Claim of Exemptions
I recently had a non-resident client whose salary was garnished by a Florida court because his employer had an office in Florida and he had a judgment entered against him in Florida. We timely challenged the garnishment by filing a head of household claim of...
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...
Can a Judgment Creditor Garnish an Out-Of-State Bank Account?
A effective post-judgment garnishment tool for a judgment creditor is garnishment of a judgment debtor's bank account. However, what happens when the judgment debtor resides in another state but uses a national bank with a branch in Florida. Does the bank account...
