A Florida Continuing Writ of Garnishment is a court order issued by a judge requiring a third party (garnishee) to withhold and pay a certain amount of money from the debtor’s wages, bank account, or other property to the creditor. This type of legal action is often used when a debtor has failed to make payments on a debt and the creditor is seeking to recover the debt. There are two types of Florida Continuing Writ of Garnishment: wage garnishment and bank account garnishment. Wage garnishment requires the garnishee to withhold a portion of the debtor’s wages and send it to the creditor, while bank account garnishment requires the garnishee to withdraw money from the debtor’s bank account and send it to the creditor. In both cases, the court order will specify the amount of money to be withheld and the frequency of payments. In Florida, the garnishee must serve the debtor with a copy of the Writ of Garnishment and must file an answer to the Writ within 20 days.
Florida Continuing Writ of Garnishment
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How to fill out Florida Continuing Writ Of Garnishment?
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FAQ
A wage garnishment in Florida is a common collection tool used by judgment creditors. A wage garnishment allows a judgment holder to intercept a portion of the money owed to a judgment debtor by their employer. Often the wage garnishment is called a Continuing Writ of Garnishment Against Salary or Wages.
Garnishment Exemption Statute The Florida statutes provide that a judgment creditor cannot garnish earnings consisting of wages, salary, commission, or bonus payable to a Florida head of household.
If a judgment creditor obtains a writ of garnishment against a bank all of a judgment debtor's accounts at the bank will be frozen until a court orders the money to be turned over to the creditor.
A writ of garnishment is a process by which the court orders the seizure or attachment of the property of a defendant or judgment debtor in the possession or control of a third party. The garnishee is the person or corporation in possession of the property of the defendant or judgment debtor.
Continuing Writ of Garnishment Against Salary or Wages: This type of Writ is served on a person or other entity that owes the Defendant Salary or Wages - the Defendant's employer.
The debtor can file a motion to dismiss, or dissolve, the writ of garnishment based upon the procedural defects in the creditor's garnishment. Important: Exemptions must be claimed using the Claim of Exemption form. If you do not file the form in time you may lose the exemption.
If the Garnishee fails to file an Answer within 20 days, you must serve, by mail a Notice advising the Defendant that a Motion to Dissolve the Writ of Garnishment must be filed within 20 days after the Notice was served on the Defendant. You must file a Certificate of Service (Law 820) of the mailing.
The writ of garnishment shall set forth a notice to the defendant of the right to an immediate hearing for dissolution of such writ pursuant to s. 77.07. Upon issuance of the writ of garnishment, the clerk of the court shall provide by mail a copy of the writ to the defendant.