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Brent Blanchard
Brent Blanchard, Bankruptcy Attorney
Category: Bankruptcy Law
Satisfied Customers: 1975
Experience:  Twelve years experience in all aspects of debtor & creditor BK.
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I returned my leased vehicle before the end of the lease because

Resolved Question:

I returned my leased vehicle before the end of the lease because I could no longer afford it. I received a summons for breach of contract for $40k on May 1st giving 20 days to respond. I did not respond.

On June 5th I received a letter of default for failure to serve a pleading from the court.

On June 30th there was a hearing for plaintiff's motion for entry of final default judgment.

What happens next?

I have no assets. Would I have any type of notification or warning signs if they were to go after my bank account or wages?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Brent Blanchard replied 8 years ago.
NEVER expect any warning before a *judgment creditor* uses that judgment to either attach funds in a bank account or starts to garnish your wages. Usually, all a person has at that point is the ability to protest and claim the property or wages are exempt from execution *after* the money is tapped out of the bank account, or has been intercepted from the paycheck. It can be weeks before a successful challenge results in the money becoming available again.

Florida has some restrictions on wage garnishment, such as the first $500 per week of a head of household's wages being exempt. Some federal exemptions may apply as well, under the "head of household" classification of federal income tax law.

So, what happens next is the judgment creditor puts together all the writs of attachment and executions and garnishment, etc., required by Florida law, and spends a bit of money to have them served on the bank(s) and/or employer(s). The debtor receives notice of these actions only after they have happened. The costs of service and constable's fees and other out of pocket expenses get added to the balance of the judgment.

Thank you.

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