Legal Question in Appeals and Writs in Florida

Garnishing an Escrow account

Hello ,

I won a lawsuit as a Pro Se Plaintiff and have a judgment against a Florida LLC. I have served a Writ of Garnishment on their bank, SeaCoast National and Seacoast replied through its counsel that there are two accounts, one with $480 and one with $790. I am about to file a Motion for Judgment against Garnishment and I just received a letter from the Defendant's attorney stating that it is criminal for me to garnish what he claims to be an ''Escrow'' account. I searched the Florida state statutes and see nothing about this. If the defendant is simply claiming the account to be an escrow account is there any law or reason why I cannot get the judgment and ultimately the funds that are held?

If the account truly is an escrow account can it still be garnished and the funds turned over to pay my judgment or are ''escrow'' funds somehow protected from garnishment?

The defendant took escrow deposits in the amount of $30K-$150K from over 50 people for homes, and the bank records from SeaCoast turned over during Aid in Execution show these funds were never deposited into this so called Escrow account.

Thanks,

Carl


Asked on 6/16/08, 7:13 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Garnishing an Escrow account

It is unclear what he mans by "escrow account." The question is whether the bank is holding money that it owes to him. If by escrow account he means that the money in the bank is not his, but is actually being held by him for the benefit of others, then the garnishment is probably not proper. Who "owns" the money would be the subject of the garnishment proceedings.

You should have the defendant appear for a deposition in aid of execution to discover his assets and theior location.

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Answered on 6/17/08, 8:51 am


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