How Does Serving a Garnishment in Miami Work?
Garnishment represents a legal procedure that creditors typically rely on to collect debts that remain owed to them. This is generally applied in cases where accounts are grossly past due, with no effort made by a debtor to establish a repayment schedule.
Wage garnishment is also a subject that many individuals would prefer to avoid talking about.
However, if you find yourself in a situation where a creditor or their legal representation is garnishing your wages, you should certainly start talking to someone.
In a wage garnishment situation, a judge orders an employer to withhold a portion of a debtor’s earnings, utilizing these funds to repay the creditor. The practice is quite common when debts go unpaid for some time.
Nevertheless, it does take a notable amount of time to reach a point where a creditor will engage in wage garnishment. This means that debtors wield some opportunity to avoid it. However, when finances remain in disarray, and debtors cannot avoid the garnishment, a process serving will come knocking at their door or approach them somewhere in public, serving a garnishment in Miami.
For this reason, our team from Lightning Legal Couriers & Process Servers want to break down some information on wage garnishments and how process servers go about serving a garnishment in Miami. Read on to learn more.
Wage Garnishment in Florida
In the state of Florida, wage garnishment is commonly referred to as a Continuing Writ of Garnishment Against Salary or Wages. This enables the creditor to intercept a portion of funds owed to a judgment debtor by third parties. Most commonly, this involves garnishing wages, payments, etc.
Under Florida law, this specialized tool remains applicable to the debtor’s earnings, including wages and salary earned for labor. Nonetheless, this law additionally applies to salaries, hourly pay, bonuses, commissions, and any other form of employee compensation.
What makes this method particularly effective for creditors is that it remains ongoing. After serving a garnishment in Miami, the writ can garnish the entirety of the debtor’s salary or wages until the judgment is satisfied or the garnishment is dissolved.
Debtors may file motions to dissolve the garnishment as a result of procedural defects regarding writ administration. For this reason, it is crucial for proper service, as well as other procedural actions concerning Florida’s detailed garnishment processes.
Process Servers and Serving a Garnishment in Miami
After settling an agreement or obtaining a judgment in a legal action, it is a prudent idea for creditors to contact capable process servers to serve the garnishment to the debtor. By securing these services, creditors can save time and money while additionally experiencing the hands-on experience and unique methods that a professional server provides.
Individuals subject to wage garnishment may fight this process mainly due to the interception of their income. While this is not typically 100% of their wages, it may still impart a notable blow to their funds.
For this reason, serving a garnishment in Miami to these subjects can prove challenging. An experienced process server remains paramount to secure the service of the targeted individual effectively and on time.
Creditors and courts may seek garnishment for a variety of reasons. They may include:
- Child Support
- Creditor/Debtor Obligations
- Money Judgments
Depending on your specific location, the process for serving a garnishment can vary. Nonetheless, in Florida, the legal system imparts various specifications and regulations that process servers must follow.
The good news is that when you secure a licensed, professional server, they wield expertise in any jurisdiction where they operate. This often involves applying knowledge and skills that they acquire throughout a long career. As a result, creditors and their legal representation can avoid issues down the road on the path to collect their debt.
Information on Serving a Garnishment in Miami from Lightning Legal Couriers & Process Servers
Collecting a debt isn’t easy for individuals or creditors. Although a victory and an obtain judgment in a legal action may seem like a great victory. Unfortunately, this is sometimes only the beginning.
For this reason, serving a garnishment in Miami often represents the only recourse for numerous debtors to reclaim what they rightfully own. In this situation, a professional process server like our team from Lightning Legal Couriers & Process Servers remains essential.
To learn more about our lightning-fast service and what our team can do to help you, contact our dedicated and professional staff today!
- “If Your Wages Are Garnished: Your Rights | Nolo.” https://www.nolo.com/legal-encyclopedia/if-wages-are-garnished-rights-33050.html. Accessed 18 Nov. 2019.
- “Garnishment | U.S. Department of Labor.” https://www.dol.gov/general/topic/wages/garnishments. Accessed 18 Nov. 2019.
- “77.0305 Continuing writ of garnishment against salary or … – Justia Law.” https://law.justia.com/codes/florida/2010/TitleVI/chapter77/77_0305.html. Accessed 18 Nov. 2019.
- “77.0305 – Statutes & Constitution :View Statutes : Online ….” http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0077/Sections/0077.0305.html. Accessed 18 Nov. 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 18 Nov. 2019.