Legal Question in Credit and Debt Law in Florida
Judgment received - Wages about to be garnished - Do I have a chance?
A judgment was obtained against me by a company that bought a debt from a credit card company. The debt was at least 4 years old when they filed the case. I was served and at the time was dealing with a custody issue and had court the next day or day before this court date. At any rate, I missed it and a default judgment was entered against me. Now my employer has been notified to withhold my wages at the rate of 25%. The amount of the judgement is $1500. The original debt could not have been more than $800 (my limit was only $800). What if anything can I do at this stage of the game. I am willing to pay the legitimate debt but not the bogus amount of $1,500. Also, when I was served, I was told it was not a subpoena to appear in court. It read that they would be discussing possible settlement. It was not a clear indication that this was an actual court hearing, per se. I have been researching and researching since this happened and I am still very unclear of my rights. Please advise.
2 Answers from Attorneys
Re: Judgment received - Wages about to be garnished - Do I have a chance?
File bankruptcy and it will stop the wage garnishment and wipe out the debt.
Re: Judgment received - Wages about to be garnished - Do I have a chance?
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
The laws in the State of Florida are very specific when it comes to garnishment. There are some types of exemptions pursuant to federal law and Florida Statutes Chapter 77 including a maximum percentage of your wages and other items. You should have been provided with a form to claim an exemption at the time of service of the complaint. Exemptions include:
1. Head of family wages. (You must check a. or b. below.)
a. I provide more than one-half of the support for a child or other dependent and have net earnings of $500 or less per week.
b. I provide more than one-half of the support for a child or other dependent, have net earnings of more than $500 per week, but have not agreed in writing to have my wages garnished.
2. Social Security benefits.
3. Supplemental Security Income benefits.
4. Public assistance (welfare).
5. Workers' Compensation.
6. Unemployment Compensation.
7. Veterans' benefits.
8. Retirement or profit-sharing benefits or pension money.
9. Life insurance benefits or cash surrender value of a life insurance policy or proceeds of annuity contract.
10. Disability income benefits.
11. Prepaid College Trust Fund or Medical Savings Account.
12. Other exemptions as provided by law.
Unfortunately, you did not provide enough information here to give any basis for providing any real advice. I strongly suggest you meet with a local attorney and review the specific facts of your case.
Scott R. Jay, Esq., 305-249-8000
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