Legal Question in Credit and Debt Law in Florida

Re: civil judgement

Under Florida law, judgments are good for 10 years and may be renewed for another 10 years. So, you are not at the point of renewal yet.

Wage garnishment is like starting another lawsuit. You are basically stepping into the shoes of your debtor to sue someone (an employer) who owes your debtor money. The process starts by filing a Motion for a Continuing Writ of Wage Garnishment with the Court. The Writ is directed against the Garnishee (employer) and the Defendant. It must be served by the sheriff or other authorized process server. The debtor must also be served with the Motion, the Writ, and the required exemption claim form. If the debtor files an Claim of Exemption, then the matter will be set for a hearing. If the Claim of Exemption is upheld, then your Writ will be extinguished. If the Claim is denied, then a Final Judgment of Garnishment is entered and the employer will forward all monies withheld from the date of service of the Writ forward until the debt is paid in full.

Garnishment is governed by Florida Statutes Chapter 77 as well as the Florida Rules of Civil Procedure. Use extreme caution when moving for a garnishment. There are very tight time deadlines, and writs are very fragile until they are finalized. Also, you should be aware that there is a civil action that the debtor can bring against a creditor for wrongful garnishment.

While most rent and other small claims actions can be handled by individuals representing themselves, garnishments and executions are usually best handled by an experienced collection attorney.

To learn more about what exemptions your debtor may have from garnishment, check out the Debtor's rights section of our website at www.LaBellaLaw.com.