Write an article based on this "Identify what you can garnish. Calculate the amount of wages you can garnish. Obtain a writ of garnishment. Serve the writ on the garnishee. Provide the debtor notice. Contest the debtor's exemption. Attend a court hearing, if necessary."
You can seize many different financial assets from the debtor in a process called garnishment. Consider whether to garnish any of the following: Future wages. The debtor's employer will withhold some of the wages and send the amount to you. Financial accounts, such as checking or savings accounts. You can get the bank to turn over the money in the accounts to you. Stock accounts. Any payment owed to the debtor. Instead of paying the debtor, they will pay you. Florida law prevents you from garnishing all of the debtor's wages. The amount you can garnish depends on what kind of judgment you are trying to collect on and how much the debtor makes. Generally, you can only garnish up to 25% of someone's wages or the amount that exceeds 30 times the minimum wage (currently $8.10 an hour), whichever is less. However, the debtor might only make $243 or less a week. Since this is less than 30 times the minimum wage, you can't garnish any wages. If the debtor owes child support payments, then you can garnish 50% of their disposable income. Go to the clerk's office with your certified court judgment and ask for the writ. You will have to file a short motion and pay fees and a deposit. Your clerk might have a fill-in-the-blank motion, or you can find a sample online to use as a guide. Also pick up a claim of exemption form, which you'll need to give to the debtor. This is the person that owes the debtor money. For example, if you are garnishing future wages, then serve the writ on the debtor's employer. If you're garnishing a bank account, serve the writ on the bank. Eventually, you do need to give the debtor notice. Provide the notice within five days of receiving your writ of garnishment or within three days of serving it on the garnishee, whichever is later. Provide the debtor with the following documents: A copy of your motion for writ of garnishment A copy of the writ of garnishment issued by the court clerk The claim of exemption form The debtor might believe that the property is exempt. For example, the money in their bank account might be unemployment compensation, Social Security benefits, or public assistance. Also, a debtor is exempt if they are a head of household who provides more than half of the support for a child or other dependent. If the debtor wants to claim an exemption, they will send you a copy of their exemption form. If you receive the statement by fax or by hand, you have eight days to respond. You must make a statement under oath contesting the exemption and file it with the court. If you receive the statement by mail, then you have 14 days to file your statement with the court. If either the debtor or the garnishee fights the garnishment, you'll end up in court. A judge will have to decide whether to garnish. Gather all of your paperwork and take it with you to court.