Judgment Collection

Garnishment of Credit Card Payment Processor

Experienced collection attorneys may collect a judgment against a small business by garnishing the debtor business’s credit card receipts. This is typically done by serving a writ of garnishment upon the company’s merchant account where credit card receipts are collected. Assume that a creditor is unable to serve a writ of garnishment on the debtor’s…

Florida Appeals Court Strikes Creditors’ Contempt Remedy

Assuming a Florida debtor owns personal personal property (example, cash, stocks, LLC interests) in a jurisdiction outside of Florida, can a Florida judge compel a judgment debtor to bring the assets in to Florida to pay a Florida judgment creditor, and can the judge hold the debtor in contempt of court if the debtor does…

Can Judgment Creditor Reach Debtor’s Personal Injury Claim?

A client was a victim in a car accident and has consulted a personal injury attorney about filing a lawsuit against the other driver. The client also has been sued for a deficiency following a foreclosure on a commercial property. The client asked me whether the lender can levy upon his personal injury claim and…

Are Stocks Pledged For Margin Loan Vulnerable To Writ of Garnishment?

One of my clients has a securities account at a national stock brokerage company with about $300,000 of liquid, marketable securities. The client borrowed about $230,000 from the brokerage company “on margin” so that the loan is secured by the stocks in the account. The client has a judgment against him for over $1,000,000.

Head Of Household Exemption Withstands Creditor’s Unsupported Affidavit In Opposition

A debtor whose wages have been garnished may file a response with the court claiming that he is exempt from wage garnishment because he is head of household. The creditor may then file a response to the claimed exemption with an affidavit stating the grounds upon which the debtor’s exemption is contested.