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If you have been served with a Writ of Garnishment....
Some companies are not sure how to react or comply when they
are served with a Writ of Garnishment. We get the same questions
frequently, and the FAQ below is designed to help you be in full
compliance. We urge you to hire an attorney to assist you.
Garnishments are very important legal matters, and if you fail to
respond, or do it improperly, it can be very costly for your
company. If you don't already have an attorney, the Florida Bar
Association (www.flbar.org)
has an excellent website that can help you find a professional that
can represent you.
FREQUENTLY ASKED QUESTIONS:
-
How do I fill out the paperwork that I received?
When you were served, we provided you
with a sample answer to help, in case you are not using an
attorney and don't know how to do the answer. Just fill in the
blanks and then file it with the court and fax/email/mail a
copy of it to our firm so we will know that you have
filed it and what it says.
- Where do I send the answer? The
original answer must be filed with the clerk of the court
where it was originated (see the case style at the top of the
page). A copy of that answer must also be provided to our
office. You can email it to
garnish@hidayricke.com
or fax it to 904-482-1459.
- My employee is already being garnished, what should I do?
Keep in mind that we represent the other
party, and that is why you need your own attorney. Our view of
the law is that you still must file the answer, but that you
should clearly indicate the other garnishment in that
document. You should set forth the amount of deductions, the
balance of the prior order and the name of the party that is
involved in that garnishment.
- How do I know when to stop the garnishment?
The law which controls garnishments in
Florida puts the responsibility on our firm to notify you when
to stop. Often the amount on the writ is not the full amount
due, because of interest, awarded costs, etc. so you should
not stop the garnishment without checking with our office
first. We have procedures in place to notify you at the
appropriate time.
- When do I send the payments? You will
receive a copy of the Continuing judgment in garnishment
executed by the judge. Until you receive that order, you
should withhold the payments, but not send them to us. The
order will direct you to send us the funds that you have been
setting aside.
- What do I do if the employee is terminated, laid off or
goes on a leave of absence? You must
notify us ASAP, and can do so with a simple email to
garnish@hidayricke.com
or fax to 904-482-1459. If you accurately and promptly notify
us of this change, we will follow up accordingly. If you do
not, we will assume that the person is still employed with
you, resulting in a waste of your time and ours.
- What if I don't file an answer? what happens?
This is important. the law, under some
circumstances, will hold you liable for the debt. In other
words, it is possible that the creditor (our client in this
case) may get a judgment against your company for the amount
of the debt owed by your employee. That is why you must file
an answer, and why you really should hire an attorney to
represent you in the garnishment.
This is a communication from a debt collector
and any information obtained will be used for that purpose.
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