Garnishing Wages: Writ of Garnishment


Garnishing wages is a final recourse and frequently an effectual method a number of creditors use to get money from debtors. Garnishment is a process by which a creditor obtains a court order to deduct money from your wages or valuable possessions, possibly held by a third party, like your boss.

Understand what you can anticipate happening if you are behind on debts, and what method each creditor might take to get money, which is usually garnishment. A vast array of laws exist, Federal and State, to protect you if/when a creditor opts to garnish your income, to guarantee the garnishment process was performed in accordance with the law. Understand the essentials, which consist of:

• The garnishment procedure itself
o A Judge has to grant this court order
o Sheriffs assist with liens or seizures once writ of garnishment is granted by the courts
• What kinds of valuables or currency are subject to or not subject to garnishment
o Generally, only very valuable properties interest creditors
 Automobiles, boats, ATV’s — valued higher than $2,000.00
 Wages – If an individual earns more than minimum wage and does not have another creditor garnishing wages presently
• Limitations on quantities deducted or removed
o Federal regulations place limitations on amounts that creditors may garnish from a person’s wages – only a fraction of a person’s disposable income (money available after State, Federal and Social Security taxes are deducted from paychecks)
o Worker’s compensation, disability income and unemployment payments are subject to deductions if an individual is behind on child support or alimony and has ignored the debt
• Safeguarded salary sources and sums
o Income creditors cannot garnish
 Social Security Income
 Pension income
 Town/State assistance funds
• Protection from insecure attempts to garnish wages
o An employer cannot legally fire an employee when wages are garnished (unless an employee receives more than one garnishment order) and employers must follow the garnishment court order
o Funds in savings accounts are not subject to garnishment; however, if the money is invested into mutual funds, stocks or annuities, those monies can be garnished
o In some cases, if a person goes through bankruptcy, the Writ of Garnishment could be squashed

Has a Creditor Garnished your Wages and you believe it is hindering you financially? Contact ADI Florida Process Servers for Garnishing Paychecks Assistance

A writ in this situation is a court order given to third-party individuals (garnishees), to keep or put a lien on valuable assets or income of the debtor. Garnishees can be people or businesses that already have ties to assets of said judgment creditor or the debtor.

A request, also known as (in legal terms) motion, to suppress a writ of garnishment can be request to squash (legal term — quash), put aside or cancel the writ for garnishing salary because of absence of dominion or prohibited basis. Motions to squash garnishment writs ask a Judge to illuminate the court order, to the garnishee/creditor, of liens or seizure of assets of the debtor.

Do you need some Legal Advice Concerning Wage Garnishment? Florida Process Servers, Serving Florida Locations, can help you with your Wage Garnishment Case

A Few Vital Questions to Ask a Legal Expert Concerning Garnishing Wages

• Creditors are threatening me with lawsuits, saying they will garnish my income. Is there any method I can use to settle this disagreement?
• I am employed and a student (part-time). Can a creditor get a Writ of Garnishment put on my income? If yes, how much can the creditor take?
• I am concerned about garnishments and my savings accounts. Can I remove my savings and stash the funds away?

Do you need help with the Process Service for Wage Garnishment Problems? Contact Our Expert Team of ADI Florida Process Servers, Serving Florida and Surrounding Areas.


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