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TJ, Esq.
TJ, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 11641
Experience:  JD, MBA
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I just found out that the wages of a head of household in Florida

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I just found out that the wages of a head of household in Florida can not be garnished if a suit is won in my favor (Landlord vs. tenants that severely damaged a unit) If a judgement is won against the tenants in small claims, can I still send them to collections?

Hello and thank you for allowing me the opportunity to assist you.

Yes, it is still possible to take collection action against them. The fact that their wages cannot be garnished slams the door shut on a possible way to collect, but other various collection activities are still possible. For example, a collection agency could make those annoying calls (at least until the debtors send a cease and desist letter), bank accounts could be garnished, other non-exempt assets could be taken, liens could be placed on their real estate if/when they ever purchase a house, their credit will be damaged by the judgment, and if/when they ever earn more income, then wages could be garnished.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

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Customer: replied 3 years ago.

How would bank account information be obtained? Would that have to be ordered by the court later?

Hello again.

You can find out all about a debtor's assets (such as bank accounts) by conducting a debtor's exam in court. In a nutshell, you get to ask the debtor questions under oath regarding where they bank, their account numbers, whether they own any stocks/bonds, what kind of car they drive and its value, etc. Basically any question that is reasonably intended to discover assets is allowed. The debtors are sworn to tell the truth under oath, and they must answer questions or risk being held in contempt of court.

If you'd like to take that action, you should visit the court clerk where you obtained the judgment, and ask for the forms for a debtor's exam. You then serve them like you did for the lawsuit and they must come back to court.
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