Wage or Bank Garnishment?
Our office can help defend your wages or bank account from garnishment.
Creditors who prove they have a valid judgment can garnish your bank account or your wages. This can put you in a financial bind, and they can do so without notifying you! This can result in your bank account being frozen, or up to 25% of your wages withheld until the judgment is satisfied (EVERY PAYCHECK). It may be surprising, but these practices are both common and legal.
Thankfully, there are legal defenses and steps that can be taken to prevent this from happening. Florida's consumer protection laws can help defend against these action, but you must respond timely. Our team has been successful in getting wage or bank garnishments dissolved, and will fight to have your funds released and your income no longer garnished.
Here are Some Examples of Scenarios that May Result in Garnishment Reversal or Reduction:
✔ The funds being garnished are Social Security, Disability or Veterans’ benefits.
✔ The funds being garnished are Unemployment or Workers’ compensation.
✔ The funds being garnished belong to a third party.
✔ The funds being garnished are exempt because they are wages to the "head of household.
✔ The judgment that resulted in the garnishment can be vacated.
✔ The funds being garnished are owned as tenants by the entirety.
✔ The funds being garnished can be negotiated.
Many of the above examples are “claims of exemption.” A claim of exemption must be filed within 20 days of the notification of garnishment. The filing will result in a hearing that will stop the garnishment if the court rules that the consumer does qualify for the claim of exemption. If the court rules in the consumer’s favor, money previously seized will be returned.
My office can file a claim of exemption on your behalf and fight for you to keep your funds.