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My garnishment was dissolved (or I won my claim of exemption) so is my case now over?

Posted by Alex McClure | Nov 25, 2018 | 0 Comments

Lake Mary Bankruptcy and Consumer Attorney - Law Office of Alex McClure

For many who have had a judgment entered against them, the first post judgment collection effort they are likely to encounter is a garnishment of some sort.

The reasons for this are many, however, garnishments are cheap, easy, and intimidating. Think of it as the path of least resistance for creditors looking to rake in some cash on a judgment.

You can click here to visit my garnishment practice page where I provide a wealth of information on the subject.

Sometimes, consumers and small business judgment debtors decide that they want to handle their own garnishment cases and they are successful in claiming an exemption or the creditor voluntarily dissolves the garnishment for one reason or another.

It is at this point that some persons believe that the entire case is over, and that the judgment ceases to exist.

This could not be further from the truth.

Judgment debtors are generally rudely awakened to this fact only when the next garnishment or other post judgment activity occurs in the case.

Understand that a garnishment is a tool that is used by judgment creditors (click here if you are unfamiliar with judgment jargon) to attempt to collect money on a judgment.

The success or failure of a garnishment does not affect the legitimacy or validity of the judgment upon which it is based.

Therefore, simply prevailing (or not) in a garnishment action does not invalidate or satisfy the underlying judgment.

As discussed in a recent blog article, there is no practical limit to the number or frequency of garnishments in any particular case.

Also, just because a judgment debtor has been garnished does not mean that other post judgment remedies cannot be exercised by the creditor such as levy and sale of property and extensive post judgment discovery; even at the same time.

Judgments are valid in Florida for at least 20 years. Simply because a judgment creditor has not acted on the judgment for a long time or is currently taking other action against you doesn't mean that the garnishment or judgment is any less valid. A garnishment (or any other) action instituted 19 years and 11 months after entry of a judgment is just as valid as one begun the day after the judgment is entered.

Feel free to read through some of my client recommendations and reviews to see what former clients have to say about my garnishment defense practice.

Defending consumers and small businesses against judgment levy, execution and garnishment proceedings is what I do. Contact the Law Office of Alex McClure today to discuss what I can do for you.

I pride myself on working closely with my clients to provide practical solutions to their consumer debt problems.

I do everything in my power to provide options that my clients didn't even know existed before consulting with me.

The Law Office of Alex McClure provides services in Lake Mary, Sanford, Longwood, Deltona, Deland, Orlando and all of Seminole, Volusia, Orange, Brevard and Lake Counties. 

About the Author

Alex McClure

I spent nearly 10 years litigating for some of the largest creditors and debt buyers in the consumer credit and finance industry. I now put those skills to use representing the interests of my fellow community members facing the most challenging financial problems of their lives. I exclusively practice consumer credit and finance law which includes bankruptcy, consumer protection law, wage and bank garnishment defense and debt defense litigation.


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Solutions For a Sustainable Future

I make every effort to tailor my services to the individual needs of my clients by approaching their issues with an eye towards both their short and long-term goals. I strive to provide solutions which address their immediate concerns and helps them create a realistic and meaningful path towards long term financial sustainability. I look forward to working with you to develop those solutions and help you successfully navigate your consumer legal issues.