I regularly receive calls and emails from consumers who have had their bank accounts or wages garnished who are seeking legal representation.
While this in and of itself isn't surprising to me, what is surprising is the number of consumers who are coming to me who have been told by other attorneys that their only option is bankruptcy.
While bankruptcy is indeed one way to potentially deal with a wage or bank garnishment, it is by no means the only way or even the best way.
Although I do represent consumers in bankruptcy, I do not consider bankruptcy to be a "first-line" defense strategy for garnishment claims. There are numerous other methods which I prefer to implement (if appropriate) prior to a full-on bankruptcy filing.
When a garnishment hits your paycheck or bank account you will almost certainly be taken by surprise. Under Florida law, the judgment debtor (that's the person who owes the money) is NOT entitled to notice of the garnishment action until after it has occurred. There are short, strict timelines involved with the garnishment process and you need to react quickly in order to preserve your rights.
If you are facing a wage or bank garnishment in Central Florida and you haven't yet, please visit my practice page on the subject so you can familiarize yourself with the process and potential ways to deal with the situation.
I can't stress enough how important it is for someone facing a wage or bank garnishment to reach out and obtain competent legal counsel to protect their rights under Florida law.
Garnishment proceedings in Florida are strict and unforgiving of technical errors, even to those who have no legal representation.
If you do nothing or fail to present your case adequately, you will lose your money or property. There are no do-overs in garnishment.
I have filed and litigated thousands of wage and bank garnishments over the years and I am intimately familiar with the nuances of the processes and procedures involved.
My representation in wage and bank garnishment matters is aggressive and comprehensive. I have helped MANY consumers successfully claim exemptions to garnishment or have the writ dissolved for procedural defects. Many of these consumers had previously been told that their only option was a bankruptcy.
Also, be wary of not reaching out to obtain legal counsel simply because the amount withheld under the writ isn't substantial. You can bet that if you surrender the funds in an account in a garnishment proceeding voluntarily, the creditor will almost certainly soon return to you for further proceedings.
At the Law Office of Alex McClure, 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.
Contact the Law Office of Alex McClure today to find out how I can help you create a sustainable financial future for yourself.
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.