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Can a collection agency in Florida garnish wages without a writ of judgment?
Wiki User
∙ 14y ago
Florida has extremely strict laws concerning wage garnishment when it pertains to the head of household. Generally due process must be followed before writ of garnishment is granted, this means a lawsuit must be won by the plaintiff, a judgment awarded and the judgment allowed to be executed as wage garnishment. FLorida is considered a "debtor friendly" state, meaning creditor attachment upon any type personal or real property is very difficult. This however does not pertain to court ordered child supportand/or spousal maintenance (alimony); federal or state tax issues or in some instances federal student loans.
Wiki User
∙ 14y ago
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Can a collection agency have the court garnish your wages in NC for debt owed to a banking institiution?
Yes, provided there is an outstanding judgment against you. Without the judgment, neither the agency nor the original creditor has any recourse for garnishment, and will not be able to obtain an order for garnishment.
If a judgment has been made against a debtor and the debt is turned over to a collection agency is the agency able to garnish wages without taking the debtor to court?
If a judgment is in place the judgment holder can execute it under the provisions of the law of the debtor's state. It would not be necessary for the creditor to transfer the debt to a collection agency. That being said, a judgment is not transferrable, so if the original judgment holder did not record the judgment and take action they could not simply "pass it on" to another collector unless that collection agency was acting in their behalf and was part of the original suit.
Can a creditor garnish your bank accounts in Fl without notification?
The only way your bank account can be garnished--is if there is an court order. If they took you to court and receive a judgment against you, yes they can garnish your wages. Also, if you were summon to court but did not show up, it will be judgment by default and your wages and bank account can be garnised.
Does a creditor have to take you to court before they garnish your wages or can they get a judgment against you without you knowing it?
A creditor must take a consumer to court in order to begin the legal process to garnish wages. The exact procedure for this process depends upon state laws. Most statutes require the plaintiff in a court case to make a reasonable effort to contact the defendant. This can entail sending a written notice to a last known address. Thus, it is possible to have a default judgment granted against you without your knowledge.
Can a collection agency garnish your wages on a debt that is 11 years old?
All US states have a statute of limitations concerning the collection of debts. The longest SOL is 6 years, that being the case it is unlikely that the court would allow a creditor or collector to file suit in an eleven year old case. Be advised, it is the responsibility of the debtor to use an expired SOL as a defense when faced with a lawsuit. Wages cannot be garnished without a valid judgment having been awarded by the court.
Can a collection agency have the court garnish your wages in NC for debt owed to a banking institiution?
Yes, provided there is an outstanding judgment against you. Without the judgment, neither the agency nor the original creditor has any recourse for garnishment, and will not be able to obtain an order for garnishment.
If a judgment has been made against a debtor and the debt is turned over to a collection agency is the agency able to garnish wages without taking the debtor to court?
If a judgment is in place the judgment holder can execute it under the provisions of the law of the debtor's state. It would not be necessary for the creditor to transfer the debt to a collection agency. That being said, a judgment is not transferrable, so if the original judgment holder did not record the judgment and take action they could not simply "pass it on" to another collector unless that collection agency was acting in their behalf and was part of the original suit.
Can they Garnish a check without a judgment?
No, a check can't be garnished without a garnishment. Only a judge can give permission for a persons check to be garnished.
Can a creditor garnish your bank accounts in Fl without notification?
The only way your bank account can be garnished--is if there is an court order. If they took you to court and receive a judgment against you, yes they can garnish your wages. Also, if you were summon to court but did not show up, it will be judgment by default and your wages and bank account can be garnised.
Can a collection agency garnish wages without a court order?
No, they must follow the legal steps that are required by the laws of the debtor's state.
I need to garnish wages?
Not really... they taste fine without a garnish.
Can a auto finance company garnish your wages in a repossession?
Yes, if they obtained a judgment in the processes. No employer will release wages to a third party without a valid order of garnishment however.
Can a debt collection law firm in Florida garnish someone's pay even if that someone never went to court?
No! In order to obtain a garnishment order the creditor must follow due process of law. They must file suit, receive a judgment from the court, and apply for a writ of garnishment of wages. The consumer/debtor must be notified of the action and given time to present a defense. The state of Florida has very stringent garnishment statutes. If a collection agency rep. has led you to believe that they have the power to garnish your wages independent of court action they are in violation of the FDCPA and should be reported. Yes, if you were summonded to court and pulled a no show they will proceed without you. It is almost always best to show up and defend yourself. It makes it just a little harder for them to tell tall tales when you are present to disagree.
I am self employed Can a collection agency file a 1099 and garnish your tax return if the debt is over six years old and the debtor has been in Ohio for six years?
A collection agency has no legal powers. Some agencies are collection attorneys who can file lawsuits. Regardless, no one can seize another person's property without due process according to the persons state of residency laws. In other words they have to take you to court, win a judgment, execute the judgment, this takes a considerable amount of time. The exception is child support and/or spousal maintenance, or a court order that was already in place.
Can a federal agency garnish wages without a court order?
Sometimes. The ability to garnish without a court order depends on the federal agency involved. The IRS, however, can always garnish wages and bank accounts without a court order.
Does a creditor have to take you to court before they garnish your wages or can they get a judgment against you without you knowing it?
A creditor must take a consumer to court in order to begin the legal process to garnish wages. The exact procedure for this process depends upon state laws. Most statutes require the plaintiff in a court case to make a reasonable effort to contact the defendant. This can entail sending a written notice to a last known address. Thus, it is possible to have a default judgment granted against you without your knowledge.
Can a collection agency garnish your wages on a debt that is 11 years old?
All US states have a statute of limitations concerning the collection of debts. The longest SOL is 6 years, that being the case it is unlikely that the court would allow a creditor or collector to file suit in an eleven year old case. Be advised, it is the responsibility of the debtor to use an expired SOL as a defense when faced with a lawsuit. Wages cannot be garnished without a valid judgment having been awarded by the court.
