Legal Question in Credit and Debt Law in Minnesota

Re: Am I SOL?

Did this company supply you with a copy of the judgment and a notice of garnishment? If you never received notice it MIGHT not be too late. I highly recommend you consult with a Minnesota attorney in the county that the judgment is purported to be entered in, so that you can determine if there is anything you can do.

Re: Am I SOL?

You may also have defenses in Florida as well. Florida law prohibits the garnishment of wages from someone who is "head of household," for example. Basically, head of household means that you support someone in the house and make the most money in the house.

There may be other defenses available to you, too, so you should see a lawyer. Bankruptcy lawyers are usually good for this kind of thing, even if you aren't going to file bankruptcy.

Re: Am I SOL?

Well, I am proud to say that "Yes" this is where your bankruptcy lawyer really shines.

You are not at all SOL in this. Collecting against a Florida resident has a number of requirements, any one of which may have been missed by the creditor.

First, if this is a Minnesota judgment, then it would need to be domesticated in Florida before collection can be done. You would have had to receive notice of the domestication and had an opportunity to object.

Next, wage garnishments in Florida are pretty fragile things before they are finalized. The first thing that happens, though, is the employer is notified and starts withholding (setting aside the money). That money does not get transmitted to the creditor until a Final Judgment of Garnishment is entered by the Court. You should be receiving within a very short period of time (days) service of the Final Judgment and Writ of Garnishment, along with a ballot box form which spells out possible exemptions you may have to the garnishment. "Head of Family" is one possible exemption, and it requires that you provide 51%or more of the support of a dependent. You will need to fill this form out, file the original with the court, and serve the creditor with a copy. How you get the creditor's copy to them determines how many days they have to file an answer to the exemption. Do this by hand!!! It cuts their response deadline down to 3 days. If the creditor doesn't answer, then the writ is extinguished and the withheld money is returned to you.

If the creditor files an answer, then the Claim of Exemption is set for a hearing. You may receive discovery from the creditor's attorney. You will need to respond to that. If your claim of exemption is upheld, then the Writ is extinguished. If not, then you are stuck with the garnishment until your circumstances change or you file for bankruptcy.

For more information about garnishments, check out the Debtor's Rights section of our website at www.LaBellaLaw.com.