Legal Question in Credit and Debt Law in Florida
Collecting on my Judgement
Judgement Debtor has not satified judgement dated March 21, 2001 and has begun to send me $20.00 monthly as of April 4, 2002. Deptor did not state income amount on fact information sheet and declared $618.00 per month rent. Deptor does not work, but earns Social Security for himself and is guardian to handicapped daughter. Can his Social Security income be subject to Garnishment? Can I Garnish his bank account? Total of Judgement is $865.14.
2 Answers from Attorneys
Re: Collecting on my Judgement
Social security income is not subject to garnishment. Any monies earned by a party who is the sole provider for a minor child or a handicapped child would not be subject to garnishment. If the debtor can prove that the monies in his/her bank account came solely from the social security, then the account may not be able to be taken either.
I suggest that you try and reach an amicable repayment plan or you may not ever receive the monies owed to you. Cooler heads need to prevail at this time.
Scott R. Jay, Esq. 305-249-8000
Re: Collecting on my Judgement
1. no
2. you can garnish but the garnishment can be quashed if the source of the funds are exempt assets, such as social security benefits
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