Garnishment

One of my clients has a claim against a physician for medical practice, but he also has money judgments against him arising out of commercial foreclosure during the real estate recession. He is considering settling his malpractice claim. He ask whether his judgment creditor can garnish the claims or the proceeds of a settlement. A …

Garnishment of Malpractice or Injury Claim After ResolutionRead More

A client called me for assistance dissolving a garnishment of his wages on the grounds that he is head of household in Florida. Florida statutes provide that creditors may not garnish wages of a Florida debtor who is head of household. The garnishment was initiated by a collection agent who had purchased a judgment in …

Administrative Wage Garnishment of Head of Household DebtorRead More

An attorney called me about one of their clients who is being forced to file Chapter 7 bankruptcy because his wages were garnished. The attorney said that the client supported an adult child living at home. The attorney asked whether the judge properly denied the debtor’s head of household wage exemption and whether wages held …

Does Dependent Adult Child Support Head of Household Garnishment ExemptionRead More

Some financial advisers are compensated for managing their clients’ money based upon a percentage of the clients’ securities portfolio. The typical adviser earns annually one percent of assets under management. One such financial adviser asked me last week whether his compensation based upon managed assets was exempt from garnishment under Florida head of household exemption …

Can Financial Advisory Fees Be Exempt From Wage Garnishment?Read More

This brief post supplements a post earlier this year concerning federal agency administrative wage garnishments. The earlier post stated that state law garnishment exemptions to do apply to administrative garnishments by federal agencies collecting debts to the federal government, such as student loans. The post also stated that administrative wage garnishments are limited to 25% …

Maximum Amounts Of Administrative GarnishmentRead More

One of my clients is facing wage garnishment by a judgment creditor because the client is not head of household. The amount that can be garnished from his wages is set forth by the federal wage garnishment law under Title III of the Consumer Credit Protection Act (CCPA). My client initial understanding of the federal …

Mistakes Computing Federal Limits On Wage GarnishmentRead More

You would think that debtors’ accounts at a national bank such as BOA or Wells Fargo may be garnished in any state where the bank maintains a branch. I expect most Florida courts would agree, and Florida judges would permit creditors to garnish accounts of Florida debtors held at national banks regardless of whether the …

Garnishment of Bank Account Opened Outside of FloridaRead More

A young attorney practicing in northern Florida wrote me to say that his wages were being garnished by the Department of Education to collect his law school student loans. The Department had not filed suit to collect the loan. He wants to know how they can garnish his wages without having procured first a money …

Administrative Wage Garnishment To Collect Student LoansRead More

Florida asset protection law is less effective when a creditor has a money judgment issued by a court on another state. Two of my married clients found this out when the husband, who is head of household, had his wages garnished by a South Carolina court

Florida Resident Head of Household Has Wages Garnished in South Carolina CourtRead More