Legal Question in Credit and Debt Law in Florida

Re: Judgment Granishment

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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.

Re: Judgement Granishment

You need a lawyer to file papers in Court seeking a writ of garnishment and then you have to serve the writ on the new employer who will be required to do the garnishment. Please call my office if you would like to discuss in more detail.