Legal Question in Credit and Debt Law in Florida

Re: Garnishment

The Garnishment process under Florida state law takes several steps. But, the very first thing that happens is that the judgment-creditor will obtain a Writ of Garnishment from the Court and have it served on the garnishee (the person/company that is holding the property, e.g. your employer, your bank).

Once that Writ is served on the garnishee, the garnishee is under a legal order to begin withholding wages up to the federal maximum or freeze the account up to the amount of the debt. This is done prior to the debtor ever receiving notice that it is about to happen. However, once the garnishee is served, the creditor has days within which to serve (via U.S. Mail) the debtor with a copy of the Writ as well as the required Claim of Exemption form. Once you receive this, you can file a Claim of Exemption with the court. You will need to file the original with the court and serve a copy (either in person or via US Mail) upon the judgment creditor's attorney.

If a Claim of Exemption is filed, then a Hearing will be set and the debtor will have to show that he has a valid claim of exemption. If the debtor meets his burden, then the withheld money is released back to the debtor. If he fails, then the court enters a Final Judgment of Garnishment and the money is paid to the creditor.

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) extended the amount of time a debtor has to wait before they can file another bankruptcy from 7 years to 8 years. (You can thank the major credit card companies

' lobby for that little jewel of legislation) However, it is very important to note that the 8 year wait is before you can file another bankruptcy under the same chapter. So, if you filed under Chapter 7 on May 13, 2000, you would need to wait until May 13, 2008 before you can file under Chapter 7 again; however, you could file under Chapter 13 immediately after your first Chapter 7 case was finished.

For more information about garnishments, you can check out our website at www.LaBellaLaw.com. You should also check out our News section to see how you can help us get the Helping Families Save Their Homes in Bankruptcy Act passed.

STOP THE BANKS

from blocking a new law (S. 61) that will help homeowners save their homes from foreclosure � at no cost to taxpayers

HERE�S HOW YOU CAN HELP PASS SENATE BILL 61

(Helping Families Save Their Homes in Bankruptcy Act of 2009):

* Telephone your Senators today (during weekdays) and ask them to stand up to the banks and support S. 61. Your Senator's contact information is on www.LaBellaLaw.com/news.

* Email letters to your Senators � it�s quick and easy at www.nacba.org/TellCongress

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The House has already approved it!

Re: Garnishment

yes