QUESTION
Can a writ of wage garnishment happen without being served?
Asked on Feb 09th, 2020 on Collections - Florida
More details to this question:
I had a judgment in 2009 and in January of this year (2020) I found out by searching public records that the judgment holder (credit card) issued a writ of garnishment for my wages. This credit card was in my maiden name and I have never received any documentation after I was married. I have never been served any paperwork personally at my current address in which I have lived for 10 years. My question is according to Florida law I have a right to file paperwork in regards to the garnishment, but if I was never served with paperwork can they legally touch my wages? I do not disown the debt and I asked if I could set up a payment arrangement but the company stated that they can not stop the garnishment unless the debt is paid in full. Please advise.
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
Of course - because if they had to give advance notice to debtors - they just hide the money. The process is the writ is issued and you have the ability to dispute its application if you are exempt. Its a crappy process and you should hire a lawyer to address it simply to keep them from taking advantage of you.
Answered on Feb 11th, 2020 at 6:56 AM
All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.