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You won your judgment, but the debtor's bank account sits nearly empty. The business continues invoicing customers every week, which means revenue is still flowing through its operations. The problem is that those funds have not yet reached an account you can access...
In some cases, when a debtor will not pay back what is due to another party, a court order has to be issued requiring them to pay. Even this can sometimes still make it difficult for the other party to actually collect. In these cases, the court can order that the...
When some debts go unpaid, there is the option to use a process known as wage garnishment. This does require a court order. It’s not something that the court is going to do lightly. It will have to be shown that garnishment is necessary, as it may be the only way to...
When someone isn’t paying what they owe, there are certain steps that can be taken to try to reclaim that debt. In some cases, it is as simple as notifying them that the amount is still due, as they may have forgotten. But in many cases, you have to take much more...
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...
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...
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...
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 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...
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....
