Legal Question in Credit and Debt Law in Florida
Hello! I received a Write of Garnishment from Asset Acceptance for a judgement from 2005. The original judgement was dissolved as I filed a Head of Household exemption and also noted that the social security number on the original judgment was not the same as mine (this just seems to go unanswered from the etc.). This is for a Providean Credit card from 1999 and I do not recall every having a card with them. I requested proof of debt etc in the beginning and never received anything back. Now 10 years later my employer received a writ of garnishment. I do not have the money to get a lawyer so I am trying to handle this on my own. I went right to the court house after my employer let me know and filed a Head of Household and again noted on the social. My employer had 20 days to respond but decided to do it right away and will be garnishing my wages on the 15th this coming Friday. The amount is close to $600.00. The paperwork I have says FL law is the creditor has 14 days to respond and if they do not it will be dissolved. I mailed the paperwork on 8/1. I will be on the wire to get the dissolved paperwork before Friday and if I do it will be the day before the 15th. My employers says pretty much to bad our payroll is processed on the 12th to pay on the 15th so if I do not have it before the 12th they $600 garnishment will be mailed to Asset. My question is if I am lucky enough to get the Dissolved paperwork (Asset does not contest) the day before payroll date doesn't my employer HAVE to stop that garnishment from being mailed. If it is legally dissolved before my payroll date I would think they would not be able to mail that payment. Any advice help would be appreciated.
2 Answers from Attorneys
IF this is not your account why don't you call these people and tell them that. As far as the deadline - you will have to get an attorney to quash this matter prior to your payroll deduction.
Most employers do not send the garnished amounts to the creditor unless and until a final judgment of garnishment is entered by the Court. There's nothing illegal about an employer sending the garnished amounts to the creditor before a FJ of garnishment is entered, however. The likelihood of the getting the garnishment dissolved before your employer mails the garnished amount to Asset is low.
However, if Asset Acceptance allows the garnishment to be dissolved, then it is obligated to return the $600 to you.
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