Collecting a Judgment by Serving a Garnishment in Coconut Grove
When a creditor wins a court judgment against someone that has valid employment, they may rely on a process called wage garnishment to intercept up to 25 percent of the debtor’s wages. This is a legal process in virtually every state that enables creditors a recourse to satisfy a judgment.
A wage garnishment is essentially a deduction that the creditor takes from an individual’s employment compensation as the result of a court order. Wage garnishment types could include:
- Child support
- Court judgments or rewards
- Defaulted student loans
- Spousal support
- Taxes and fines
A professional process server like Lightning Legal Couriers & Process Servers matters because serving a garnishment in Coconut Grove on a subject’s employer is an essential part of reclaiming a judgment debt.
Process servers alleviate any associated hassle of contacting an employer to begin the wage garnishment process. As experts in handling a situation professionally, quickly, and reliably, process servers remain the ideal solution in these instances.
For this reason, our team is breaking down some information on serving a garnishment in Coconut Grove, as well as how important process servers are in the procedure. Read on to learn more.
How Wage Garnishment Works
For many debtors, a simple threat of wage garnishment is often motivation enough for them to begin making the arrangements to pay their judgment debt. This is mainly because these individuals would prefer to avoid any embarrassment or inconvenience concerning a significant reduction in their salary.
Federal law may prevent employers from firing an employee due to wage garnishment as a result of a singular judgment; however, most employees commonly believe that garnishment won’t earn them any points with their boss. Consequently, when employees face multiple garnishments, it remains entirely legal for employers to fire the individual with multiple garnishments from different associated judgments.
Nevertheless, creditors must think hard about whether or not serving a garnishment in Coconut Grove is a prudent idea on a case by case basis. A garnishment could produce the opposite effect. Wage garnishment could cause debtors to quit their job, or even file for bankruptcy.
Creditors need to tread carefully, walking a line between making substantial progress on collecting a debt or closing off the possibility of collecting altogether.
The good news is that with a process server, serving a garnishment in Coconut Grove requires minimal effort on the part of the creditor. Procedures do vary on a local court level, but this is another area where a professional, licensed process server can continue to service their clients.
Professional servers wield unique, individual knowledge and skills they attain throughout a career that enables them to operate in various jurisdictions. They ensure that they serve papers on garnishees (employers), operating within the legal impositions no matter where they work.
Obtaining a Writ of Garnishment
Wage garnishment represents a useful tool when a creditor sues and wins. However, when a debtor refuses to pay the final judgment amount, the situation may get out of hand fast. Serving a garnishment in Coconut Grove enables creditors to recover a debt ably and efficiently.
To initiate the procedure, creditors must file a motion to attain a writ of garnishment with the court where the legal action remains pending. This motion will outline the amount of the judgment.
After serving the garnishment with a process server, the plaintiff will receive a copy signed by the judge. Service of the writ makes the garnishee liable for any debt unless further action from the garnishee or the defendant in the judgment relieves the debt.
For more detailed information on how serving the writ and the wage garnishment process proceeds under Florida law, direct your attention to Chapter 77 of Florida Statutes.
Serving a Garnishment in Coconut Grove with Lightning Legal Couriers & Process Servers
Wage garnishment is a subject that many people would prefer to avoid talking about. However, for many Florida debtors that choose not to or cannot pay their bills, the situation may seem almost inevitable.
Lightning Legal Couriers & Process Servers stay up to date and knowledge with local, state, and federal law regarding serving papers for various reasons, including wage garnishment. We ensure that papers get served swiftly and efficiently, acting professionally on behalf of our clients.
Furthermore, a process server helps the judicial system operate faster by providing every piece of information they need to make a decision right on hand. To learn more about serving a garnishment in Coconut Grove, contact our team today!
- “Court judgments for debt – Credit Cards.” 5 May. 2014, https://www.creditcards.com/credit-card-news/court-judgment-debt-gavel-main-1282.php. Accessed 29 Oct. 2019.
- “Federal Wage Garnishments – Wage and Hour Division (WHD ….” https://www.dol.gov/whd/garnishment/. Accessed 29 Oct. 2019.
- “How Can I Stop Florida Wage Garnishment with Bankruptcy?.” 12 Oct. 2018, https://upsolve.org/learn/stop-florida-wage-garnishment-with-bankruptcy/. Accessed 29 Oct. 2019.
- “What Employers Need to Know About Wage Garnishment ….” 16 Oct. 2018, https://www.peoples-law.org/what-employers-need-know-about-wage-garnishment. Accessed 29 Oct. 2019.
- “Statutes & Constitution :View Statutes : Online Sunshine.” http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0077/0077.html. Accessed 29 Oct. 2019.