Legal Question in Credit and Debt Law in Florida

Okay. So I was sent a letter in April of 2012 from my employer stating that I would be getting 25% of my check garnished for a a credit card judgement in 2008. A judgement hearing that I was never even served to attend... the judgement for for the amount of $4526. which included a principle of $3070. court cost of $290 and Interest of $1165. I did not argue the fact because it was a debt that I did owe. I have since then paid back $4466 of the judgement... The only concern I have now is that besides never even knowing about the judgement against me the total amount that they want now is $6261... Meaning that I will pay an extra $2000 on top of the judgement. I am only taking home $810 a month in salary after this deduction. I know that I am much under the amount of $500 a week in income. What doesn't make sense is why they waited 4 years before they went after me. and also in april of 2009. which was six months after the judgement I received a settlement letter from the attorney stating that I only owed $1439.... My question is that now that I have paid almost the full amount of the judgment and also have found out that because of my low income I shouldn't have 25% being taken out can I do something about them stopping the rest of the amount.


Asked on 11/03/13, 12:50 pm

1 Answer from Attorneys
Michael Spoliansky Attorney Michael Spoliansky

You likely won't be able to get the garnishment stopped unless the judgment is satisfied in full, or the opposing party files a satisfaction with the court. With that said, you may qualify for certain exemptions depending on your circumstances. The most used exemption is the head of household exemption. If you provide at least 50% of the support for a child or other dependent and have net earnings of $750 or less per week, you can likely qualify by filing a claim of exemption with the court and requesting a hearing. If you do not provide at least 50% support for a dependent, I'm afraid you will not have success. You may want to reach out to the judgment creditor to see if you can settle the remaining balance for less than what is owed and have them withdraw their writ of garnishment.

You may have originally only had to pay $1439, but fees, costs, interest, and any other thing they can legally include is likely included in the final judgment amount. Not to mention that the judgment even accrues interest.

Read more
Answered on 11/19/13, 4:33 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Florida