Orlando, FL asked in Consumer Law and Civil Litigation for Florida

Q: How do I stop a writ of garnishment?

2 Lawyer Answers
Charles M.  Baron
Charles M. Baron
Answered
  • Consumer Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: That depends on your facts and the type of garnishment. One issue is whether you are eligible to file a claim of exemption (for example, under one of the categories mentioned in Fla. Statutes Sec. 77.041). If not eligible, the options include trying to work something out with the creditor or filing for bankruptcy, if eligible.

Terrence H Thorgaard agrees with this answer

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: If you have received notice that your bank account or wages have been garnished, you need to get a form from the clerk of court on which you would claim whatever exemption applies to you. You send a copy to the judgment creditor and a hearing will be held at which you can testify under oath regarding your claim of exemption.

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