Legal Question in Credit and Debt Law in Florida
can a creditor garnish wages in the state of florida?
4 Answers from Attorneys
Yes, after obtaining a judgment order granting such debt-collection rights.
As Mr. Martin indicates, they can. However, garnishment is subject to exemptions and protections. If the debt is large enough to cause significant distress, you might consider bankruptcy which would wipe the debt out. I would advise you to consult someone familiar with debtor's rights and bankruptcy law. Most such attorneys will give you one free consultation.
Yes there are many defenses you can raise to such garnishments. For more information check out www.behrenlaw.com.
Yes, after a judgment wages can be garnished under Florida law. However, many defenses to garnishment exist, both substantive and procedural. I.e., if you are head of household you can prevent your wages from being garnished. Other exemptions-- social security and public assistance. Depending on the circumstances, an experienced attorney may be able to prevent a judgment from being entered against you in the first place, or even vacate a judgment that has already been entered. Is a debt collector threatening you with garnishment when you have valid exemptions? This could be a violation of the FDCPA. If the company you are dealing with is in violation of the FDCPA, a skilled consumer attorney would likely be thrilled to discuss your case with you. At Debt Defense Law, we assist many consumers with garnishment defense. Visit www.debtdefenselaw.com to learn more about our consumer law firm.
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Is there a way I can remove my brother from my garnishment Asked 6/23/12, 5:48 am in United States Florida Credit, Debt and Collections Law