Legal Question in Credit and Debt Law in Florida

Garnishment and finding a checking account

I have a judgment against an individual. He has now opened his own business.

Can I garnish his wages?

If he has a checking account in the business name can I garnish the funds from that account (fictitious name filed with state does not include INC or LLC)?

Can a collection lawyer perform a search to determine if checking/savings accounts exist and at what bank?

Regards


Asked on 12/05/07, 6:55 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Garnishment and finding a checking account

yes

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Answered on 12/05/07, 7:42 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Garnishment and finding a checking account

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You cannot garnish wages of a sole proprietor as he will take draws and not receive wages. Further, you cannot garnish wages of a head of household which many qualify as. If he monies in his bank account of the business you can garnish the funds providing he has not incorporated.

A lawyer has no special magical tools to search for bank accounts. What the attorney can do is depose the party during litigation or after a judgment has been reached and ask questions about bank and savings accounts. A good lawyer knows tricks that will elicit information from the defendant.

Scott R. Jay, Esq.

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Answered on 12/05/07, 11:33 pm
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: Garnishment and finding a checking account

You can seek an order to garnish his wages but you cannot go after the corporation itself. If you would like to discuss further, please contact my office.

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Answered on 12/06/07, 1:51 pm


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