Q: So I woke up this morning to my bank account being 5000.00 negative. This if from 2006 my codefendant is deceased
I haven't recieved any paperwork or been served . I've lived in the same house for 11 years now. They haven't even tried to contact me. How can they get access to bank account when they haven't even told me.
A: Sounds like your bank was served with a writ of garnishment. If that's the case, you will receive in a few days a copy of the motion for the writ of garnishment, and the writ, and a notice to you about any exemptions to the garnishment that you might have, as well as a form to ask for a hearing. You don't get advance notice of a garnishment. It is immaterial that your codefendant has been deceased since 2006.
A: It sounds like a garnishment was served on your bank. This would indicate a judgment was entered against you. Judgments in FL are good for 20 years. You should reach out to an attorney familiar with wage and bank garnishment immediately to preserve any rights you have.
In FL, garnishment proceedings are governed by Ch 77. Notice is NOT required before the garnishment.
Hope this helps.
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