Legal Question in Credit and Debt Law in Florida
Wage garnishment
I have been a legal resident of florida for more than 6 years. However a firm filed a judgment against me in my previous home state of Indiana. I only discovered this after I received legal papers through my employer. I also found that the firm is not licensed in Florida. In the papers the firm presented to the court, they claimed I am a resident of Indiana and have been notified by 1st class/certified mail.(I have not been so notified. Thus, I do not know whom the firm claims to represent for a debt. My wages are now being garnished. Do I have a recourse?
2 Answers from Attorneys
Re: Wage garnishment
Only matter to add to last reply is that you should not waste any time in acting.
Re: Wage garnishment
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If they are dealing with a judgment from another state, they would have been required to domesticate it in Florida in order to garnish your wages in Florida. A notice should have been mailed to you by the court by certified mail and you had the right to object to the judgment. You need to check out where the judgment was recorded and file an objection.
Your wages might not be subject to garnishment under Florida law if you are the head of a household. You should consult a qualified attorney who can review all of the facts and advise you of your legal rights and responsibilities.
Scott R. Jay, Esq.