Every year, thousands of consumers face legal action for allegedly failing to repay a debt. So, who is suing? Everyone. American Express. Discover Bank. Bank of America. Capital One. These lawsuits are quite common. Then you have lawsuits from debt purchasers, like Portfolio Recovery, Midland Funding, CACH LLC, LVNV Funding, Cavalry SPV, and the list goes on and on.
Our firm has seen an increase in potential clients who were not properly served with demand letters getting their bank accounts either seized or garnished. Having your bank account immediately frozen, your debit card declined even though you know you have money in the account is devastating. This is called a bank levy or account garnishment. It is like a wage garnishment, but it affects your bank account instead of your paycheck.
How Does Garnishment Affect Your Bank Account in Florida?
In Florida, creditors can seize funds from a person’s bank account, only after obtaining a court judgement against you. A writ of garnishment is a court order used to enforce that judgment. You can challenge a writ of garnishment. Potential defenses include filing a claim of exemption. Florida has exemptions, such as the “head of family” exemption, which protects certain individuals from garnishment. A motion can be filed to vacate the judgment or writ of garnishment if either were obtained improperly. What may appear to be even minor procedural defects could allow us to recover money for you. For example, if the creditor failed to follow proper procedures, such as serving the correct notice.
The Importance of Proper Notice in Garnishment Cases
Florida’s garnishment statute states that when a creditor obtains a writ of garnishment, a “Notice to Defendant” is required to be attached to the order and sent to the defendant. This must either be mailed or hand delivered. The notice informs the defendant about the garnishment, explains their right to claim exemptions, and outlines the process for doing so.
If your bank account was garnished or frozen without proper notice, seeking legal counsel from an attorney dedicated to debt and garnishment defense is highly recommended.
How We Can Help With Garnishment Defense in Florida
The Benenati Law Firm represents clients who oftentimes either do not qualify for bankruptcy or do not want to file bankruptcy and instead are seeking representation in a garnishment from a creditor. We can help represent you to protect you and your assets from creditors in a garnishment proceeding.
Get Help With Garnishment Issues Today
Have your wages or bank account been garnished without notice? Was your bank account frozen, but you were never notified of any lawsuit? Contact our firm today at (407) 777-7777 or online to schedule a free consultation with an experienced Orlando wage garnishment defense attorney. Taking action promptly is crucial, as there are strict time limits for filing objections or claims of exemption.
