Articles Posted in Wage Garnishment

logo-squareIn most bankruptcies in the State of Florida, the filer does not have to appear in court.  He, or she, only has to attend a “meeting of creditors,” which also includes a “bankruptcy trustee.”  Appearing before a judge usually occurs if the filer is challenging a debt and claims he does not owe it, or that he owes only part of it.  Although bankruptcy is the best legal means of “eliminating (or ‘discharging’) most, or all, of your debt,” there are certain things bankruptcy can, and cannot, do for you.  Bankruptcy is able to:

1) Stop home foreclosure and vehicle repossession, while you “catch up on missed payments” –Bankruptcy can even make creditors return property which they’ve already confiscated.

2) Stop wage garishment and debt collection calls,

By Alfred Villoch, III, with Savage, Combs & Villoch, PLLC

So you owe money to a creditor, like a credit card company, and the creditor sues you. Eventually, a court awards your creditor a money judgment, say for $10,000. Can the creditor now garnish your wages in an effort to satisfy that judgment?  Put another way, can the creditor get a court order directing your employer to pay over part of your paycheck whenever you get paid?

The short answer is “yes,” but there are important limitations and exceptions to wage garnishment.  See § 77.0305, Fla. Stat., entitled “Continuing Writ of Garnishment Against Salary or Wages.”  The general rule is that a creditor can continue to garnish your wages under a continuing writ of garnishment until the judgment, or in this example, the $10,000, is paid in full.

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