Get free answers to your Collections legal questions from lawyers in your area.
answered on May 1, 2013
If the credit card company obtain a final judgment against you and obtain a writ of garnishment, then, yes, the company can garnish your wages. However, there are exceptions. If you are head of household, you are exempt from garnishment of wages. I recommend that you consult with an attorney... View More
answered on May 6, 2013
You probably cannot get the loans back to the Department of Education. We do not know the facts. In order for us to answer questions we need to know the facts.
answered on May 6, 2013
This is usually the type of case wherein the government is trying to take money or property from you. You need to hire an attorney if you have not already done so.
answered on May 6, 2013
Not in Florida, retirement and disability benefits are exempt. Speak with an attorney about this. Call for a free consultation.
answered on May 6, 2013
Get an attorney to do this for you. The solution to legal problems is not always just to find a form and fill it out. There are many pitfalls within trying to garnish someone's wages or bank account. It should be done by an attorney.
Can I be prosecuted?
answered on May 6, 2013
They cannot "hit" your bank account without having already prosecuted you civilly. The need a judgment against you in order to legally garnish your bank account. We do not know enough facts, but it is very rare that one can be prosecuted criminally for a payday loan. They threaten all... View More
answered on May 6, 2013
The exemption would apply if you are trying to garnish a bank account which the defendant can claim has wages in it.
I have outstanding student loans. I got a call from a collection agency and had to pay $586 and then $100 per month for the next 6 months. I also have other student loans that I am making payment arrangements. I am on fixed income from disability of $981 per month. with rent,medical supplies... View More
answered on Feb 22, 2013
You have to ask that to the bank that the money is owed to. Student loans are largely non-dischargeable in bankruptcy. So that is not much of an option.
answered on Feb 22, 2013
Read the summons. You probably have 20 days to file a written response to the complaint. Send the original to the clerk and a copy to the opponent's attorney. The amount owed can be a major controversy. Without knowing more, it is hard to tell you what to do.
Loans were in GA, paid for fractional he is filing against is in FL....been thru magistrate in GA, he was bringing his mother in to lie under oath that she had"mistakedly" mailed the original promissory note to me. Statute in GA says this is equivalent to "paid in full"....he... View More
answered on Feb 22, 2013
It is nearly impossible to tell what your question is. Did you loan him money? Are you now suing him in Florida?
answered on Dec 26, 2012
The best way to collect on a judgment is to hire an attorney to do a garnishment of wages or a bank account.
answered on Dec 26, 2012
Disability payments are not subject to garnishment. You might consider filing bankruptcy. Consult with a local attorney.
I have a judgement against my builder company. he is building a big home down the road from me. I found out the bank who is lending the money to fund the construction for that home and I seved the bank with a writ of garnishment for any funds indebeted to the builder on the construction. the bank... View More
answered on Dec 4, 2012
You need an attorney to explain this to you. The garnishee must file an answer stating what it is holding for the builder. Do some discovery, move to strike the garnishee's answer. Find out more, hire an attorney for this.
answered on Dec 4, 2012
Yes, they have to go through a number of steps to register a foreign judgment and then collect on it.
answered on Dec 4, 2012
Without knowing all the facts, it is not possible to give you an adequate answer to your question.
I have a case filed against original debtor to enforce execution of federal judgment in federal court, however I need a writ of execution issued against acquirers of debtor-Defendant's judgment lien obligations to me via their purchase of the house from the party that bought it from my... View More
answered on Dec 4, 2012
You need to get an attorney for this problem. It appears that there has been a fraudulent conveyance and only an attorney will be able to help.
answered on Nov 6, 2012
Florida judges have no jurisdiction outside of the state. More facts are needed in order to advise on this issue.
answered on Nov 6, 2012
We need to know more facts in order to answer this question. A VA judgment can be given full faith and credit in FL. Where does the defendant reside? Wages of a head of family cannot be garnished in Florida, it is a debtors haven. Look at F.S. Chapter 222.
Does the creditor have authority to attach this asset. The account is in a 13 year old childs name.
answered on Nov 6, 2012
It is not yours and should not be garnishable. You must move to have the writ of garnishment dissolved. Get an attorney in your area for this.
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