If you have ever had your wages garnished you know how difficult and stressful the process can be. Although wage garnishment is not the first tool debt collector’s use, it is certainly one of the most challenging to resolve. Knowing the legalities of the process and your options to correct it are your best weapon of defense.
Fighting Back
In Florida, it is illegal for a creditor to garnish your wages without first obtaining a lawsuit. Some creditors may attempt to garnish your wages illegally, in order to avoid a length court process. So, how do you know if this has happened? You never received a copy of the lawsuit. In order to sue you in court for the purposes of a garnishment order the creditor would have to file a motion with the court, which would result in you being served with a copy of the lawsuit.
Now what? Whether your wages have been garnished illegally, or with your knowledge, you can still take action. First, contact a Florida bankruptcy attorney. They can file an automatic stay order on your behalf to halt the garnishments while your case is reviewed in court. While you may not be able to recoup your prior garnished wages, filing for bankruptcy can give you a chance to resolve your debts without the pressure of future garnishments.