When a creditor sues you and obtains a JUDGMENT against you they can attempt to recover the money owed to them via a few options. One of those options is called a Bank Garnishment. A bank garnishment is when a creditor sends a court order to the debtor’s bank, telling them to freeze or hold a certain amount of money until a court can determine what to do with it.
Shmucher Law, PL routinely receives phone calls from frantic debtors stating that their bank accounts have been garnished. There are many ways that a debtor may overturn a bank garnishment but those are dealt with on a case by case basis. We typically start by going back to the original lawsuit to see if it can be overturned (i.e. was there proper service and notice) and then move on to the available Florida exemptions to analyze. If we believe that we can overturn the garnishment we will immediately file the necessary pleadings with the court and await for a hearing date. Please keep in mind that the time frame to overturn a bank garnishment is rather slow. If we find that the debtor has no means to overturn the judgment or have any available exemptions to prevent the garnishment then we will provide the debtor with either a bankruptcy or a settlement option.