Legal Question in Credit and Debt Law in Florida

Re: Judgement Garnisments

Yes. You have to proceed to seek a writ of garnishment and it is best to done through an attorney so you don't fall into any pitfalls. If you would like to discuss in more detail, feel free to call my office.

Re: Judgement Garnisments

Yes, if it is a money judgment.

Re: Judgment Garnishment

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Maybe. You can file for a Writ of Garnishment but there are many exemptions in the State of Florida.

Garnishment of wages is a very complicated matter in Florida. If the person is the head of household, the wages are all but exempt from garnishment. You need to read the Florida Statutes very carefully.

Section 77.03 Issuance of writ after judgment. —

After judgment has been obtained against defendant but before the writ of garnishment is issued, the plaintiff, the plaintiff's agent or attorney, shall file a motion (which shall not be verified or negative defendant's exemptions) stating the amount of the judgment. The motion may be filed and the writ issued either before or after the return of execution.

Section 77.0305 sets forth the procedure for a continuing writ of garnishment against salary or wages. Section 77.04 deals with the form of the Writ of Garnishment. It is important to include the form set forth in Section 77.041 for a claim for exemption from garnishment together with your writ.

If you are unfamiliar with the process, you would be well advised to use the services of a qualified attorney. By failing to follow the law, you may very possibly set yourself up for a claim for attorney's fees against you by the party whose salary you attempt to garnish.

Scott R. Jay, Esq.