Did you receive a Writ of Garnishment for a judgment on unpaid credit card bills? You might have some options before your wages are garnished.
If you received a Writ of Garnishment, that means you have an unpaid debt and that you received a judgment in a judicial action trying to collect that debt. It is important to Answer any lawsuit that you receive so that a default is not entered against you.
A Writ of Garnishment can sometimes be dissolved by working on a Settlement Agreement with opposing counsel that would stipulate monthly payments to be made on the judgment. In Florida, a debtor may be able to file a Claim of Exemption and Request for a Hearing. A Claim of Exemption states that you, as the debtor, are exempt from any garnishment due to several reasons: 1) you are the head of household, support a dependent and earn less than $750/week; 2) you are the head of household, support a dependent and earn more than $750/week; 3) social security; 4) welfare; 5) veteran’s benefits; 6) disability income benefits; 7) unemployment compensation; or 8) pension.
A hearing will be held once the Claim of Exemption is filed and a Judge would most likely find that those earnings listed above are exempt from garnishment. It is important to know your rights and to consult an attorney as soon as possible if you receive a Writ of Garnishment. Call the Law Office of Ryan S. Shipp, PLLC today @ (561) 699-0399 or stop by our office @ 814 W. Lantana Rd. Suite 1, Lantana, Florida 33462 for a free consultation.
