Legal Question in Civil Litigation in Florida
Garnishment
The credit union with whom we had 2 credits cards through, have taken our truck which a finance company held the lien on plus they have a garnishment against my pay, and they garnished our checking account and removed funds that had outstanding checks against it. My husband is head of household, can they also garnish his wages or any bank account which is only in his name? He has a car which we paid $350 for and I have an older car in my name only that is financed in my brother-in-laws name thru his credit union, but titled to me. We need each car because of work schedules, can they take either of the cars.
1 Answer from Attorneys
Re: Garnishment
Without reading the agreements signed by the debtors in this matter, it is impossible to tell what rights or protections may have been relinquished or preserved. Florida Statutes (section 222) provide special protections against certain creditors. One of those protections is designed for the benefit of a head of a household and his/her family. As concerns garnishments, you would need to timely respond to a writ of garnishment and assert your defenses by way of pleadings, motions and affidavits designed to obtain a court order dissolving the writ. You should meet with an attorney and take to such meeting any and all documents relating to the matter for the lawyer's review and analysis. Good luck.
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