Garnished without warning or notification in Florida

Asked about 1 year ago - Tampa, FL

Hi. I'm a non-Florida resident who has been garnished by a Michigan court without warning. (I Will be a Florida resident in three months.) I received no notification about the garnishment, I only found out by seeing my check stub. How to stop the garnishment? Do I have to go back to Michigan to reply or can I reply from Florida? How do I prove they gave me no notification?

Attorney answers (2)

  1. Sergio Cabanas

    Pro

    Contributor Level 12

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    Best Answer
    chosen by asker

    Answered . I agree that you were not properly notified (i.e., served with the lawsuit in the manner required by Michigan law), then you may have grounds to eliminate (vacate) the judegment in Michigan. if you are not able to do so, Florida law has certain protections against their collections efforts. You may also consider bankruptcy, depending on where you ultimately establish residency.

  2. Joshua Bradley Farmer

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    1

    Answered . Were you initially notified of the lawsuit and judgment that was lodged against you? If so, then they likely don't need to notify you before seeking garnishment. However, if you weren't served with the summons and complaint in the underlying lawsuit and had no knowledge of it, you need to hire an attorney in the jurisdiction where the lawsuit was filed

    This is general advice based on limited interaction in an online forum. The reply does NOT create an attorney-... more

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