Generally speaking, a judgment creditor has the right to garnish your paycheck or your bank account, or both. In Florida, a creditor can get up to one quarter of your disposable income, and in some situations can empty your whole bank account before you even know a case is pending against you.
The typical consumer doesn’t find out his or her bank account is being garnished until the account is frozen. It is the same with wage garnishment. The law is written so that creditors do not have to give you notice of any motion or hearing until the money is already frozen. This means that probably will not know your wages are being garnished until your paycheck is twenty five percent less than you were expecting. There are some very strict procedural timelines for certain types of defenses, so it is important you contact us as soon as you find out your wages might be garnished.
If your wages have been garnished, don’t worry. Our attorneys deal with these kinds of cases on a daily basis. We regularly defended wage and bank garnishment actions, and we are here to help you. If your wages are being garnished, call or email us to set up a consultation. Chances are, our fees for fighting the garnishment are less than the debt collector would take from just your first paycheck.
If your wages have been garnished, we will:
- Meet you promptly, for a short, 30 minute evaluation
- Evaluate your case
- Advise you on any potential defenses you might have
- Develop a strategy for fighting the garnishment
- Draft all papers necessary
- Serve all Court papers on the attorneys and the Court
- Request a hearing with the Court
- Calendar a Court date
- Appear in Court on your behalf
- Argue your case to the judge
- Fight to have your wages returned
- Fight to have your bank account unfrozen
- Draft and serve any Court Orders wrapping up the garnishment