What to do if I have a dispute regarding a writ of garnishment?

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What to do if I have a dispute regarding a writ of garnishment?

I have a paper that states “final judgement” in the abount of $1700. I have paid that amount. The paper also states no interest will accrue. The collection agency is now saying I owe interest and fees and they are going to garnish my wages. What can I do? Where do I get any forms to fill out to stop this? I am head of household and I bring home about $300 a week.

Asked on June 22, 2011 under Bankruptcy Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Okay so let's start this from the beginning.  You had a judgement that was paid or "satisfied" but a writ of garnishment was served upon you.  You need to file an objection to the writ of garnishment within 20 days of its service upon you under Florida law.  The notice should state this in big print.  The form is called a Claim of Exemption and Request for Hearing.  You are claiming head of household.  The purpose here is tow fold: to make sure that you are not garnished and to get you before the Judge to show him that you have paid the amount and request that the creditor issue a satisfaction.  Good luck to you.


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