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Can my wages be garnished without my permission and with no court involvement?

Fort Lauderdale, FL |
Filed under: Court orders

I rented an apartment from the person in charge of payroll for the company I work for. After falling behind on rent I moved out. I do plan to pay him what I owe but I can't do it right now. Can he garnish my wages without my consent or court judgement? I live in Florida.

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Attorney answers 5

Posted

No. If there is no judgment and no consent then your wages cannot be garnished legally.

Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.

Posted

No, a judgment against you is needed before anyone can garnish your wages.

The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.

Posted

Garnishment is a legal remedy. The process can only be initiated by a court order and only if a judgment for moneys owed has been entered against you.

Legal disclaimer: The answer presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.

Posted

As my colleagues have noted: "No, no & no."

As to your job security... ?

Posted

Before your wages can be garnished, a judgment must be entered against you. If your former landlord does file a lawsuit against you, however, you should consult with an attorney immediately so you will be able to properly defend the suit.

Good luck with your matter.

I am licensed to practice only in Florida. My answer does not constitute legal advice, and the answering of this question does not create an attorney-client relationship.

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