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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87079
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have garnishment of wages document from a creditor. I completed

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I have garnishment of wages document from a creditor. I completed the affidavit to the court for head of household. The court failed to notify me of my court date. I spoke to a court clerk who informed me I have to write a letter to the judge, however, I will not be able to make rent before my next court date. How can I get the court to expidite my case. I live in the state of FL.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me:

1) Is the hearing on garnishment currently set for a date?
2) If so, what date?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

I am waiting to hear back from the court to set a new date. Since they failed to notify me of the date (which they confirmed of this failure to notify), I don't understand why a new date can't be set by a call to the court. I was told I had to write a letter to the judge which I have done.

Expert:  Ely replied 1 year ago.
Marie,

Normally, it is set by a call to the clerk/coordinator of the Court. One can normally get a date confirmed over the telephone, if not in person at the Court.

You state you have already written a letter to the Judge - okay. Now, someone in your situation may wish to give that letter a few days or a week to be replied to. Follow up (nicely) every few days to see if the clerk has heard back.

If not, and if it has been a week, then someone in your situation may wish to file a non-standard motion asking the Court to docket the hearing.

This would be something along the lines of Movant's Ex Parte Motion to Docket Hearing for Garnishment. Ex-parte means without the other party being present, i.e. you would file and have it heard ON THE SAME DAY, likely right after filing it.

Then the Judge will consider your needs and possibly agree. Of course, there is a chance that they will not, and will state that the Court only has so much time and you should wait, etc. I will not lie - this is a risky matter and this motion is not something that is standard. However, the Court has the duty to hear any reasonable motion that the party brings forward as part of the case.

The Judge may not be happy about it, but it is the only step one would have left if the Court never gets back to you with a date.

Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87079
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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