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Wages garnished on husband for almost 2 years. He is head of house. Was never aware of head of house ~ any recourse?

Riverview, FL |

AMEX & attys sent info to us to fill out for them. Sent out and never received anything or heard anything until they started to withdraw funds from paycheck. It is the end, and now they've gone to our bank, froze the acct, and are withdrawing all funds until the last 1,500 is paid. Any recourse at this juncture?

Attorney Answers 4


  1. No answer on this forum will help you, no matter how well-intentioned. Hire a lawyer as soon as possible to unravel this. Good luck!

    If you think my response is the best response, it would help me if you would indicate that. Also, please note that my responses to question(s) are NOT legal advice from me to you because I am NOT your lawyer, you are NOT my client, and we do NOT currently have an attorney-client relationship. Thanks!


  2. The creditor obtained a judgment against your husband some time ago. That allows them to garnish. A bankruptcy will discharge the judgment and stop the garnishment. Good luck.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.


  3. If you were to file bankruptcy, it would stop the garnishments and the debt would be discharged. Another option to stop the wage garnishment is to file a claim of exemption with the court. Creditors cannot garnish wages of a debtor who is head of household in Florida. A hearing will be held on the exemption claim and if the judge agrees with you, the creditor will no longer be able to garnish your wages.

    Any information submitted by this attorney on Avvo.com is not intended to be communicated as legal advice. All information provided is general and intended for information purposes only. For detailed legal advice regarding your loan modification, foreclosure, and/or bankruptcy needs, please schedule an appointment with the attorney.


  4. AS all the others have said, contact a good BK lawyer ASAP.

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