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Summary Judgement


Carlybabes
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Depends a little on local rules and whether they do it all in person to expedite the process, though it's generally done through the mail. This assumes they already have all of the necessary information at hand such as the bank name and account numbers. Obtaining that information could involve post judgment interrogatories which would add time.

Once a judgment is obtained, the judgment creditor will file a writ of execution. The clerk or judge signs the writ and returns it to the judgment creditor. The judgment creditor sends it to the sheriff who serves it on the bank. So by mail we're between 10-20 days.

At that point the bank freezes any funds you have on deposit and notifies you. Depending on local rules, you should have an opportunity to show that the funds, or a portion of, are exempt from levy. If you are unable to show adequate exemptions, the funds are turned over to the court and sent to the judgment creditor. Another 10-20 days.

Garnishment procedures are fairly similar in most cases.

So 20-40 days doing everything by mail.

If they really wanted to expedite freezing your bank account and walked it through, 1-2 days is conceivable, but not likely. Again, they would have to know all of your banking info.

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They can garnish in Florida unless you're head of the household and provide more than one-half of the support for a child or other dependent and have net earnings of $500 or less per week or provide more than one-half of the support for a child or other dependent, have net earnings of more than $500 per week, but have not agreed in writing to have your wages garnished.

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No, they don't, assuming they know where your bank accounts are located. They do not need to know your account number to do this; just where the funds are located. Conceivably, since a writ of garnishment only costs around $180, they may want to hit the largest banks in the area on a fishing expedition if they think you have a large amount of money in the bank. What the judgment creditor does is file a motion for writ of garnishment; you do not get notice of this. The judge signs an order granting the motion and the clerk signs the writ of garnishment. The writ is served on the bank and then the bank has 20 days to file an answer stating whether they have any property that belongs to the judgment debtor. You get served with a certificate of service that includes a copy of the motion, the order, the writ, any answer that is filed by the bank and a notice that states certain funds are exempt from garnishment, but you have to claim the exemption and you have 20 days to claim it. If the judgment creditor objects to your claim of exemption, a hearing will be held. This is information for Florida only.

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  • 1 year later...

My wife received a judgment and they are going for garnishment. But she hasn't worked in 3 years and I am sole provider. Our checking account is in both our names - even though all the deposits are in my name.

Can they seize our account even though she provides no income?

Seems to me that they should be allowed to touch my earnings for her judgment...?

TIA.

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absolutely the same situation happened to my wife and I she had a judgment against her. When i went to the the bank to make a withdraw i saw they had seized 1800.00 from my acct. If her name is on the acct they can seize the money check with your bank to see if their is an order to seize your acct they will tell you if one is in effect. I took my wifes name off of my acct. so now she is what they call judgment proof.

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