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  1. #1
    Join Date
    Dec 2006
    Location
    FL
    Posts
    18

    Question Wage Garnishment Process in Florida

    Hello Everyone,

    I just have a couple questions about the process of wage garnishment.

    1) By law, do I have to send the judgement debtor a demand a letter?

    2) If I was to send the judgement debtor a demand letter should I state that if I do not receive the monies owed that I will garnish wages? (I'm afraid person will quit job and move away.)

    Thank you!

  2. #2
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: Wage Garnishment Process in Florida

    Quote Quoting BellaVictim
    View Post
    Hello Everyone,

    I just have a couple questions about the process of wage garnishment.

    1) By law, do I have to send the judgement debtor a demand a letter?

    2) If I was to send the judgement debtor a demand letter should I state that if I do not receive the monies owed that I will garnish wages? (I'm afraid person will quit job and move away.)

    Thank you!
    Quitting their job wouldn't help the debtor. They still need to work, and their wages can be garnished as long as they don't move to Texas, right?

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Wage Garnishment Process in Florida

    Just a FYI - Fl. does not allow wage garnishment of a person who is head of household. (for unsecured debt) Actually, there is no law in Fl. prohibiting garnishment of wages for head of household but there are laws that make it very hard/difficult to do so.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Wage Garnishment Process in Florida

    Garnishment procedure is governed by statute, Florida Statutes 77.01 - 77.28.

  5. #5
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Wage Garnishment Process in Florida

    One of the exemptions is head of family wages: You provide more than 1/2 of the support for a child or other dependent & have net earnings of less than $500.00 a week or you provide more than 1/2 the support for a child or other dependent, have net earnings of more than $500.00 a week but have not agreed in writing to have your wages garnished. There are other exemptions also - see statute 77.041. I would read the entire Fl. statutes Aaron gave re garnishment.

  6. #6
    Join Date
    Dec 2006
    Location
    FL
    Posts
    18

    Question Re: Wage Garnishment Process in Florida

    Hello everyone,

    Its been a month since I was awarded my judgement. So legally she cannot appeal, right? I just found out that she moved and changed both of her phone numbers ... so I have to have her wages garnished ASAP!

    *Can she appeal the judgement against her? Today makes it a month since the judge signed the judgement.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Wage Garnishment Process in Florida

    States often have procedures for delayed appellate review, but it is ordinarily much more difficult to obtain. If the time period for an appeal by right has expired and the judgment has been deemed final, I wouldn't be concerned about the possibility of an appeal. I doubt that this person would want to incur the cost.

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