How state to state Ohio to Florida Garnishment law works?

Asked 9 months ago - Orlando, FL

A garnishment against my wife was approved against her from a previous job in Ohio, but when she moved to Florida working to a different employer, without going to court in Florida, the garnishment from ohio has started garnished her paycheck in Florida.





Does Florida court has anything to see on the case against her first before her employer allowed the garnishment first?

Attorney answers (2)

  1. Robert Jason De Groot

    Pro

    Contributor Level 20

    Answered . You need to get to an attorney asap.

    R. Jason de Groot, Esq.,
  2. Gregory L Abbott

    Contributor Level 15

    1

    Lawyer agrees

    Answered . There are a few things to sort out here. First, if it was an Ohio judgment, it cannot be directly garnished upon in Florida - an Ohio court has no jurisdiction in Florida. However, every State will recognize another State's Judgments if the right hoops are jumped through. Here, the Ohio judgment needs to be registered in Florida by filing the correct proof and paperwork with the local Florida court. The Florida court then issues a Judgment in Florida for the same amounts and, once a Florida judgment is officially in place, the Florida judgment can be garnished upon. Realize that while the Florida court handles the paperwork and officially issues the Florida judgment, it is purely an administrative matter - no court hearing, perhaps no notice even to your wife, depending upon Florida's law. If you believe there is something wrong with the Florida paperwork, you can challenge that in the Florida court. Any other challenge to the underlying judgment would have to be brought back in the Ohio courts - the Florida court will refuse to hear it. Good luck.

    Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is... more

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