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Garnishments and attachments may help creditors collect on debts

When a debtor is not making the agreed-upon payments to a Florida creditor, the creditor has options for collecting what is owed.

These methods are wage garnishment and attachment at law.

Writ of garnishment

The Florida Statute 77.0305 states that the creditor may request that the court issue a writ of garnishment to the employer of the debtor. The law then requires the employer to take the set amount out of the wages and make the payment to the creditor. 

The law recognizes that this may cause a minor inconvenience for the employer. Therefore, the employer has the right to charge the debtor, not the creditor, up to five dollars for the administrative costs of the first deduction, and two dollars from every deduction after that. 

Attachment

According to the Florida Statutes in Chapter 76, a creditor may have the right to an attachment against the property of a debtor. This could include seizing bank accounts, or real property, such as a home, or it could be shares of stock or some other asset. The purpose of the attachment may be to prevent the debtor from concealing or selling an asset before the final judgment, or it could be to transfer the property to the creditor in repayment of the debt.

The attachment must be issued by the judge in the district where the creditor's claim is made unless the debtor takes the property out of the state. Then the creditor can get the writ of attachment from any judge, and all the paperwork can subsequently be returned to the original district court in Florida.

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