Legal Question in Credit and Debt Law in Florida
Wage Garnishment from AZ to FL
My husband was informed today that a collection agency sent papers to his employer to garnish his wages. He is the sole wage earner and we have two small children, one 2 years old and the other, 2 mos. old. We can't afford the garnishment, we already have to receive food stamps to assist us. We live in Florida now with his mother and brother, and are residents here since July, 2001. The creditor won a Judgment against us in November 2000, in Mesa AZ when we lived there, in the amount of $1,450.00. We had been paying on it up until 2002 when we couldn't afford to pay anymore, now the amount of the garnishment is close to $2,000.00. We can't afford to have our wages garnished. We only have 10 days to respond and we haven't received any papers from the collection agency nor any papers to file to answer the notice to garnish the wages. The notice came from the Justice Court in Mesa Arizona. We don't know what to do.
1 Answer from Attorneys
Re: Wage Garnishment from AZ to FL
Unless the Az. judgment is domesticated in Florida, it has no force. Proceeding is a violation of numerous laws and you could have a claim for their violation. Moreover, as it seems you have a valid claim as 'head of household' the wages are exempt from garnishment. You need consult with counsel as soon as possible. My office can assist. Call 305-940-8080 speak with which ever atty is in when you call. I am currently out of town.
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