What is a Garnishment Action?

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What is a Garnishment Action?

Once you obtain a judgment against a debtor, it is highly unlikely you will get the debtor to voluntarily pay. Unfortunately, voluntary payment requires the debtor to have the funds, and then a willingness to forward them to you. Because the debtor has all of the leverage and control, it’s no surprise that debtors typically decide not to pay.

A Florida garnishment action is a means by which a creditor can collect the debt owed when the funds are not in the possession of the debtor. In other words, a garnishment action eliminates the control a debtor has on making payment(w) toward the owed debt.

Typical scenarios of when funds are not in the possession of the debtor are: (1) wages paid by an employer; and (3) money held in a bank account. Florida garnishment laws do not require creditors to provide a debtor with notice prior to serving the writ of garnishment. Therefore, a creditor does not bear the risk that the debtor will remove funds from a particular account prior to service of the writ of garnishment.

A garnishment action is good to utilize when a debtor with the means to pay is unwilling to pay.

WS Collection has complete knowledge of the various laws, rules and procedures involved with filing and litigating a garnishment action in the state of Florida. Whether it’s a place of employment, bank account or other account where funds are on deposit, WS Collection Law will file the appropriate garnishment action within twenty-four (24) hours to freeze a nonpaying debtor’s monetary assets.

If you or your business requires assistance with Garnishments, contact Walter L Sanders at WS Collection Law today and do what’s right for your business.

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