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...
Garnishment
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...
