Legal Question in Credit and Debt Law in Florida

I am currently being garnished by a creditor on my paychecks. They have a judgment against me. The company was a payday loan company and I resided in New Jersey at the time. I now live in Florida and there is a head of household exemption status for those who make under $500 weekly. I qualify for the exemption, but am still being garnished. Can I have the judgment removed because the company does not have the license to conduct business in New Jersey and also have the garnishment removed because of the exemption status in Florida?


Asked on 12/26/11, 9:07 am

3 Answers from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

If you qualify for the exemption, you or your employer could correct the situation by

reversing or placing a hold on the garnishment. Whether the company has a license in

NJ at present may not be relevant. Review the order or writ of execution for the

garnishment, and take action with that local court.

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Answered on 12/26/11, 9:19 am
David Slater David P. Slater, Esq.

The court makes the determination whether you qualify.

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Answered on 12/26/11, 11:51 am
Scott Behren Behren Law Firm

You can probably file with court to dissolve the garnishment based upon your head of household exemption, but there would likely be an evidentiary hearing before the court. You probably want to get a lawyer to help you.

Scott Behren

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Answered on 12/27/11, 8:27 am


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