Legal Question in Credit and Debt Law in Florida

In Florida if a debt collector has already garnished my bank account, in 2006, and court records show the debt as paid in full as result of that garnishment, can that debt collector also garnish my wages now?


Asked on 1/25/15, 10:14 am

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

No. If they are attempting to garnish wages again for a debt that was completely satisfied, then you have a defense to the garnishment. However, you must challenge the garnishment and provide proof of the satisfaction.

You may also have other defenses to garnishment, so you may want to consult with an attorney who has experience in handling debt collection matters and/or bankruptcy. Some bankruptcy attorneys do more than just file bankruptcies for clients. They also assist clients in alternative debt resolution and asset protection.

If this is an issue that is currently ongoing you need to act relatively quickly to preserve your rights. If the creditor has truly been satisfied and they are attempting to collect money they are not entitled to, you may get your attorney's fees reimbursed, or an attorney may take the case based on the belief they will be awarded fees.

Good luck.

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Answered on 1/27/15, 6:01 am


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