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  1. #1
    Join Date
    Apr 2009
    Posts
    5

    Exclamation Can Filing for Bankruptcy Stop a Judgement Garnishment

    My question involves judgment recovery in the State of: Florida

    I have a judgement from back in 2002 that was dismissed and the attorney has now paid a fee to reopen it. The attorney somehow found out where I bank at and was able to get the Writ of Garnishment completed. My Credit Union has now (by FL law) placed two times the amount of the judgement in a side account until they hear further from the courts. Since then I have filed for the Claim of Exemption being that I am head of the household for my son who is 7 - for whom I do receive child support for. I was also laid off back in Dec. 2008 and do receive unemployment. Since filing the claim of exemption I have received notice from the judge that a hearing has been set for April 17th. Well, last week I also received a request for a deposition from the attorney who is coming after me. They want to have the depo to try and "discover" anything before the hearing on the 17th.

    I have three questions regarding this matter:

    1. I did not receive the request from the Courts, do I have to attend the opposing attorney's request for a deposition?

    2. The account they garnished from does have my unemployment and child support (evidence of my reasoning for the claim of exemption) but it also houses my husband's direct deposit and our 2008 tax return. Can they use my husband's DD & our tax return in their defense when trying to collect for "my" judgement at this hearing?

    3. If I were to file bankruptcy and say forget it all - would all of this collecting and so forth stop for this judgement if I include it in the bankruptcy or has this whole process already come to far to include it in a bankruptcy filing?

    Thanks for any helpful info. on this!

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Can Filing for Bankruptcy Stop a Judgement Garnishment


  3. #3
    Join Date
    Apr 2009
    Posts
    5

    Default Re: Can Filing for Bankruptcy Stop a Judgement Garnishment

    Right, wasn't sure whether this question falls under judgement or bankruptcy forum. Still not sure whether filing bankruptcy will release all the funds my credit union has set aside until further notice?

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