Legal Question in Credit and Debt Law in Florida

Garnishment proceding/Can I stop it with an offer?

I was a customer to a bank credit card for 6 years beginning in 1990 when I ran into financial trouble. I called this company to ask for relief. It responded by raising my interest rate to 29%! I paid off everyone and cleaned up my credit rating with this one exception. In 1988 the account was sold to a collection company in Florida where I was living. A judgement was placed against me in 1999. Prior to the judgement I contacted the company, explained I was pregnant with twins and would be claiming �head of household� exemption. I then made a counter offer to pay in full the original amount of the debt so long as they removed the information from my credit rating. The attorney declined and immediately sought the judgement. No additional action has been taken on this account until this past month. A notice to appear was sent to my former office in Florida; court date in March. I am a resident of Virginia and just received the notice in the mail April 6. I am married, my husband is the head of household. It looks like they will try to garnish my wages. Can they continue this court action against me although I live in Virginia? Can I ask for a court closer to my home? Should I write to the judge with my original offer?


Asked on 4/08/02, 4:32 pm

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Garnishment proceding/Can I stop it with an offer?

If you are no longer employed in Florida, or by a Florida employer, there is nothing to which the wage garnishment can attach. If you have no assets in Florida, there is nothing upon which execution can attach. To proceed, the Florida judgment must be domesticated in Virginia.

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Answered on 4/08/02, 5:00 pm


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