Legal Question in Credit and Debt Law in Florida

Garnishment!!!

Years ago, my godfather and I purchased a car. It was sold to us ''under the table''. The car was later giving to my godfather's daughter and she recked the car before our names were taken off the loan. We went to court and a judge, not assigned to our case, ruled in favor of the bank. I had been to the law office and answered their questions about my finacial status and was not able to pay anything on the loan at that time.

I starting working again and have been the ''Head of the Household'' for several months now. I did not notify them that I was working because I could not afford it and I was afraid they would take things away from my family that we needed. I live check by check and I am far from ahead in all my bills. I got paid last friday and when I went to withdraw money that night, there was an -$12,040.77 on my account.

I found out ''the bank'' ganished my account in the amount of $13,223.01. I did not receive notification in the mail or by phone that they were going to take this action. I am living off of $20 dollars right now. What are my rights while I wait on my miracle?


Asked on 12/19/00, 9:59 am

2 Answers from Attorneys
Wendell Finner Wendell Finner, P.A.

Re: Quashing a Garnishment

A judgment creditor is not required to give the defendant any notice before garnishing. However, wages of a Florida head of household are exempt from attachment, including in many cases wages which have been deposited in a bank and not mixed with other funds. The proper way to present defenses to a garnishment is by filing a "Motion to Quash Writ of Garnishment" with the court. In many counties in Florida, this may be presented as an emergency motion -- check with the court clerk when you file. Also, some counties will require you to contact the judge's office to get a hearing when you file the motion -- again, consult the clerk.

Defenses to execution are a complicated area and your rights will probably best be protected by an attorney who practices in the debtor-creditor area. If you can't afford a lawyer, your local Legal Services ("legal aid") corporation may be able to hook you up with a lawyer who will help you for a reduced fee or no fee.

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Answered on 12/27/00, 1:01 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Garnishment!!!

Get thee to a competent atty as soon as possible.

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Answered on 12/26/00, 6:32 pm


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