Florida Sample Letter for Judgment - Garnishment

State:
Multi-State
Control #:
US-0761LTR
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

Dear [Person/Company Name], I am writing to inform you about the recent judgment issued in the [Court Name] regarding a debt owed to [Creditor Name]. Pursuant to this judgment, I am requesting a garnishment on any applicable funds or assets that you may hold for the debtor. The judgment in question was rendered on [Date] and states that the debtor owes a total of [amount] to the creditor. As a result, I kindly request your cooperation in garnishing any funds, wages, or property that you may have in possession or control on behalf of the debtor [Debtor Name]. Under Florida law, a judgment creditor is entitled to file a writ of garnishment to collect the owed debt. This legal method allows the creditor to request the garnishment of wages, bank accounts, rental income, or personal property to satisfy the outstanding debt. The garnishment procedure is governed by Florida Statutes Chapter 77, which outlines the rights and responsibilities of all parties involved. To comply with the garnishment procedure in Florida, I request that you provide the following information promptly: 1. The debtor's full legal name and last known address. 2. The account number(s) associated with any bank accounts held by the debtor. 3. The name and address of the debtor's employer (if applicable) for wage garnishment purposes. 4. Any relevant information regarding the debtor's assets, including real estate, vehicles, or other valuable property. By supplying this information, you will enable the creditor to proceed with the garnishment process effectively and promptly. Please note that failure to respond or comply with this request may result in legal action against you for noncompliance with the court's order. Furthermore, it is essential to remember that as a garnishee, you have certain rights and limitations regarding the garnishment process. These include the ability to claim certain exemptions and allowances that protect a portion of the debtor's income or property from being garnished. It is advisable to consult with legal counsel to understand your obligations and rights fully. In conclusion, I kindly request your cooperation and prompt response to this matter. Your compliance with the garnishment order will contribute to the resolution of this outstanding debt. If you have any questions or require additional information, please do not hesitate to contact me. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Contact Information]

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FAQ

Upon being notified of a wage garnishment court order, an employer should immediately alert the employee to the situation in writing. Depending on the garnishment, there may be a form provided for this (i.e., Form 668 for a federal levy).

At a minimum, your written objection to the garnishment should include the following information: the case number and case caption (ex: "XYZ Bank vs. John Doe") the date of your objection. your name and current contact information. the reasons (or "grounds") for your objection, and. your signature.

? The defendant may pay the full amount of the Judgment and Interest from the date of the Judgment directly to the plaintiff. ? The plaintiff, or attorney of record in the case with the Judgment, to whom such payment is made, shall execute in writing an instrument acknowledging satisfaction of the Judgment.

Dear Sir/Madam, I am writing to request that you stop the wage garnishment that is currently being imposed on me. I am unable to make the payments at this time due to [insert reason, such as financial hardship]. I have attached documentation that supports my claim.

If the debt is still with the original lender or creditor and they've already won a wage garnishment court order, it may be difficult to negotiate a payment plan, but it's still worth asking. Call the creditor and explain your situation. Ask if there are options to get on a payment plan that you can afford.

If the judgment debtor does not pay, you are entitled to get the sheriff to seize the judgment debtor's property. The seizing of property by the sheriff is called a levy. Once the sheriff has levied on the property, the sheriff will then sell it, and pay you out of the money the sheriff receives from the sale.

Information in the Letter Other items in the letter are how often the deductions will occur, when they will begin and how long the deductions will last. You must also include who requested the garnishment, such as a state agency, court or business, as well as information on how the employee can stop the garnishments.

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FAILURE TO FILE AN ANSWER MAY ENTITLE THE PLAINTIFF TO JUDGMENT AGAINST THE GARNISHEE FOR ... If the above do not apply, complete this form. This Garnishee's ... EXEMPTION FROM GARNISHMENT UNDER FLORIDA STATUTE 222.12 within two. (2) days after the Claim and Request were served on you by hand delivery, or alternatively ...Prepare and file the original Motion for Writ of Garnishment (After Judgment) or Motion for Continuing Writ of Garnishment for Salary or Wages* (if wages ... TO THE GARNISHEE: 1. Do not make checks payable to the Court. Make checks for monies withheld on garnishments payable to the name of the judgment creditor ... I CLAIM EXEMPTIONS from garnishment under the following categories as checked: 1. Head of family wages. (Check either a or b below, if applicable.) □ a. The Writ of Garnishment delivered to you with this Notice means that wages ... IF YOU HAVE A VALID EXEMPTION, YOU MUST FILE THE FORM WITH THE CLERK'S OFFICE ... 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 ... Our Document Center provides access to a variety of forms and documents that may be needed in your business with the courts. Additional forms and checklists ... IF YOU HAVE A VALID EXEMPTION, YOU MUST FILE THE FORM WITH THE CLERK'S OFFICE WITHIN 20 DAYS AFTER THE DATE YOU RECEIVE THIS NOTICE OR YOU MAY LOSE IMPORTANT ... IF YOU HAVE A VALID EXEMPTION, YOU MUST FILE THE FORM WITH THE CLERK'S OFFICE WITHIN 20 DAYS AFTER THE DATE YOU RECEIVE THIS NOTICE OR YOU MAY LOSE IMPORTANT ...

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Florida Sample Letter for Judgment - Garnishment