Found an issue on this page? Let us know and we will look into it as soon as possible.
State of Florida - I have a Claim of Exemption hearing tomorrow for wage garnishment by a creditor....
Anonymous3 views2 answers
I have a hearing tomorrow on my Claim of Exemption for Head of Household. I wrote a letter to the judge asking for the writ to garnish my wages be dissolved based on the fact the creditor's attorney did not file their opposition within the 8 days required. The judge set the hearing anyway, then the next day the creditor's attorney filed for a motion to garnish my bank account. What is going on? Why did they file to garnish my bank account if the hearing is still set for my wages? Can they do both at the same time?
The answer is yes, they can do both at the same time. Just because they might lose on the Head of Household issue doesn't mean the bank account issue is resolved. Your bank account proceeds could have come from a number of sources, including exempt wages. But, you'll have to prove that at another hearing. You may start wondering - "don't they know i'm just a guy with a job and its hard to take off work for two hearings?" Of course they do, they count on it. They want you to settle because its easier than asserting your rights in court.
Depending on the judge, these hearings can be smooth, or difficult. You should try to seek bankruptcy counsel if the pressure is too much.
