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Maverick
Maverick, Attorney
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I am having trouble getting an answer to a problem I have. I've obtained a judgment in Hillsborough civil court,Tampa,FL and that jugement has been recorded, how do I go about getting a garnishment started against the defendant. The clerks office is not helpful at all.
Submitted: 3 years ago.
Category: Business Law
Expert:  Maverick replied 3 years ago.

Welcome to Just Answer! My name isXXXXX very much enjoy what I do and I hope that you will benefit from this information.

 

http://writofgarnishment.com/writ_of_garnishment_florida_statutes_law_chapter_77.htm

 

The information you need to help you do this is at the link above. Under 77.03, you will need to file a motion for writ of garnishment and in the motion state the amount of the judgment. If you have any other questions, just write back. The form at the link below can help you:

 

http://www.formsworkflow.com/d8192.aspx

 

 

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Customer: replied 3 years ago.
I need forms for Hillsborough County, along with an explanation of the statutes in layman's language. Thanks
Expert:  Maverick replied 3 years ago.
I did not find forms for your county on the web. If there are any such forms, you will have to check with the county clerk. Not all the statutes that are there on the link apply to your question. The one that does is 77.03 which basically states that you need to file a motion for writ of garnishment. The form link that I gave you is the one you can modify and use as a go by to file in your county.
Customer: replied 3 years ago.
Do I file the motion and the writ at the same time?
Expert:  Maverick replied 3 years ago.
You file the motion and that is what gets you the writ. If you draft of the writ for the judge to sign, then you can take it with you on the date your motion for writ is scheduled for hearing. In other words, the writ is a court order that is a result of the motion.
Customer: replied 3 years ago.
I filed the motion with the clerk and she returned it to me with my check saying there was no writ with it. She told me to get legal help in filing a writ of garnishment and to research the statutes for filing garnishments, she also said the words continuing writ of garnishment must appearnon the writ. What do you make of this?
Expert:  Maverick replied 3 years ago.
She is saying that your motion must accompany a [proposed] writ or order of garnishment for the judge to sign. Basically, the judge does not want to take the time to draft the writ for you. Apparently, they also want the writ to include language that it is a continuing writ means that it is valid till the full amount of the judgment is collected and no just a one time deal.
Maverick, Attorney
Category: Business Law
Satisfied Customers: 3432
Experience: 13+ years of experience
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