Legal Question in Civil Litigation in Florida

If a civil case for a debt collection was moved from one county to another county and then a third county, in which it was dismissed and dissolved without appeal four years ago, can they legally open up a wage garnishment based on the case in the first county now?


Asked on 6/15/12, 11:50 am

2 Answers from Attorneys

Barry Kaufman The Law Office of Barry W. Kaufman

Based on this description of what happened, no. But was the case re-filed in County A after it was dismissed in County C? If so, then the garnishment is based on the second filing, not the first.

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Answered on 6/15/12, 11:56 am
Philip Duvalsaint Philip A. Duvalsaint, PLLC

You should consult with an attorney immediately. The exemptions from garnishment must be claimed within a short time from from the date you are notified. The garnishment would be based on a judgment. Obtain a copy of the judgment (county records should have it online in some cases) to determine which case went to judgment.

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Answered on 6/15/12, 12:08 pm


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