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Thelawman2
Thelawman2, Attorney
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Experience:  Attorney-at-Law
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I have received a judgement and want to garnish wages. This

Resolved Question:

I have received a judgement and want to garnish wages. This is in Duval county in the state of Florida.

I would like someone that can provide me the steps i.e. continuing writ of garnishment, Calculation worksheet, form for employer to file.

I have a general idea of the process but would like to find someone that can give me the detailed steps of what I need to bring to the clerk of the courts as I would like to go this afternoon.
Submitted: 11 months ago.
Category: Legal
Expert:  Thelawman2 replied 11 months ago.

Thelawman2 :

GARNISHMENT OF A JUDGMENT DEBTOR’S WAGES is a common means of collecting a judgment and is facilitated by the issuance and service of a Continuing Writ of Garnishment. A Continuing Writ of Garnishment is a legal instrument issued by the court that instructs the judgment debtor’s employer (the garnishee) to make periodic payments to the judgment creditor from a portion of the judgment debtor’s salary, as it becomes due, until the judgment principle plus interest and costs are paid or until otherwise provided by court order. The judgment creditor files a Motion for a Continuing Writ of Garnishment and Continuing Writ of Garnishment Order with the Clerk’s Office. The judgment creditor must pay the applicable garnishment fees. The motion and writ will be forwarded to the judge’s office for review. Only a judge can issue a Continuing Writ of Garnishment.

Thelawman2 :

An example of a motion for a continuing writ of garnishment can be found at http://www.pinellasclerk.org/aspInclude2/SmClaimsPdfs/MtnContinuingWritCO-CI.pdf. You will have to modify it for Duval county since Duval does not offer such a form.

Thelawman2 :

And here is an example of a continuing writ of garnishment order: http://www.pinellasclerk.org/aspInclude2/SmClaimsPdfs/W-ContGarnishmentOrder.pdf.

Thelawman2 :

You should contact the clerk of courts for Duval county to determine whether they offer forms that you can use.

Customer:

Thank you for the reply, I tried using these forms previously especially the Pinnellas county forms as they have a nice site with every form needed and I tried to change them to Duval county but they would not accept them. Duval does not offer forms for continuing writ and can not provide an example so I was hoping someone with Duval experience would chime in.

Customer:

Since you took the time to help I am going to rate this as excellent service and close it out if you can just answer a few questions.

Customer:

Is the SSN number required?

Customer:

Can the garnishee's address be his work address since that is all that is known?

Customer:

Does the court send the paperwork to the defendent (employer) or is that something I need to do?

Customer:

When the employer responds to the court, does the court notify me?

Customer:

Thank you for your help

Thelawman2 :

SSN is not required.

Thelawman2 :

The garnishee's actual address will need to be used because notice will have to be provided to them.

Thelawman2 :

You can ask the court to send the paperwork using the services of a sheriff

Thelawman2 :

The court will notify you when the employer responds.

Thelawman2 :

Thank you for your questions, please provide positive feedback.

Thelawman2, Attorney
Category: Legal
Satisfied Customers: 778
Experience: Attorney-at-Law
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