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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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A writ of garnishment has been filed against us, as renters,

Customer Question

writs of garnishment have been filed against us, as renters, because the landlord has not paid some pretty hefty debts. the landlord insists that we still must pay her rent. the plaintiffs -- the bank-- says that we must hold that amount for them. please, who is right? who must we pay? do we hold the money? incidentally, the landlord has just filed for bankruptcy -- proceedings go forward in the case, but do the writs of garnishment still apply?

Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.
Your landlord is actually correct.Florida law permits continuing garnishment of wages. Creditors cannot get continuing garnishments of any other money such as rents, accounts receivable, or promissory notes. Other than wages, a creditor is only entitled to garnish what money is owed to the debtor at the time of the garnishment. Future receipts cannot be garnished (except wages). In this case, the creditor’s garnishment of the tenants will only attach to rents currently owed to the landlord. Future rents must be paid to the landlord unless the creditor serves a new garnishment when the future rents become due. In theory, the creditor would have go serve new garnishments on the first of each month to get that month’s rents.
Customer: replied 2 years ago.

I do not understand how the landlord is correct--we were served writs that claim the rent. We were served writs each month, but were told we would be notified when we would begin paying the bank directly. Therefore, we did not hold the money -- we paid the rent the landlord demanded. Suddenly, we were served a demand to pay the plaintiff the sum of the rent within the writs. We are holding this month's rent, and the landlord is demanding it. There is a writ for this month, but she has filed for bankruptcy. Were the rents that were due when writs were served owed to the landlord or the plaintiff who is suing her?

Expert:  CalAttorney2 replied 2 years ago.
Every time you get a writ - you must pay the rent to the creditor.But they must get a new writ every month.If the landlord files a bankruptcy, the court should not be issuing any more writs and you can then pay the rent to the landlord (unless you receive a different instruction from the bankruptcy court or trustee).

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