I was granted a head of household exemption in Palm Beach County Civil Court and a writ of garnishment against me was disolved and funds held returned to me. Three Months later the Attorneys for the debt collection company, refiled in opposition to the Judges decision granting me head of household exemption, I supplied the Court with all financial documents, Income Tax , Pay Stubs and Bank Statements for the original favorable decision..I do not understand on what basis the Attorneys would ask the Judge to reverse the Judges decision..thank you..
It is not a request to reverse the earlier finding, but a new filing to determine if circumstances have changed.
Residential Real Estate Lawyer
The head of household exemption isn't permanent but the debt collection attorneys may have violated the law and be responsible for a wrongful garnishment if there was nothing in your fact information sheet to indicate your status would change. Consult with a local attorney to review the facts of your case.
If you cannot afford one check with the local law schools to see if their legal clinic can assist.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.
The status of head of family can change with time. Your contribution to the support of a child or other dependent might change with time.
Please note that the proper term is "head of family", not "head of household", which is an IRS filing status, but that is strictly for information, as the judges and attorneys all know what you mean.
You may well have an FDCPA claim. If your disclosures at the first garnishment procedure did not disclose an anticipated change in circumstances, and if no discovery was undertaken by the creditor since the last garnishment, then the second might be construed as an unfair collection practice, or an abuse of process.
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