Legal Question in Credit and Debt Law in Florida

Garnishment

Last year Dec '07 I appeared in small claims court for a collection debt. Other then the attorney's request for my debt/income information I haven't heard anything from them until Tuesday Nov 25 when they placed a garnishment/hold against my bank account. Since I also help take care of my elderly mother's bank account (None of my money goes into this acct) and I am considered a co-owner they garnished her money as well which she receives only from Social Security. Mom does not live with us she lives in a low income senior complex. funded by HUD. My husband has been unemployed since May 2007 and I have the only source of income into our residence which is less then $500 per week. I have filled out a claim of exemption with the courts. When they garnished our accounts we where left with negative balances and have had no money to live on, basically they took the money I was saving towards my rent and any money we would need for necessities such as food or medication as well as having our accounts incur several fees. I am afraid the next thing they will do is attached or garnish my pay which could cause me to become homeless. I would like to know what mine and my mothers rights are and what we should do next. Thank you for any help.


Asked on 12/01/08, 6:08 pm

1 Answer from Attorneys
Angelo Marino Angelo Marino Jr. PA

Re: Garnishment

Unfortunately, so much of this turns on how you filled out the affidavit of exemption. They cannot garnish the head of a house hold and they should not have been able to take your mother's money. But again, these issues turn on the nature of the account and what you put in your affidavit.

You may want to file a motion before the court to determine the correctness of garnisment and exemption status. Call the clerk of small claims court to help you out on this and or see a lawyer.

good luck. see www.ConsumerLawyerHelp.com

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Answered on 12/02/08, 10:16 pm


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