Look for the court case on the Clerk of the Court's website. They had to have had a judgment against you. Consult a debt collection attorney to inquire if you are exempt or if the account had someone else's money in it. You should be getting a Notice in the mail about the garnishment if the debt collector has your correct address.
You need to call the appropriate court. Depending on your overall financial situation, Bankruptcy may be right for you. An experienced FL Bankruptcy attorney will be able to determine which type of Bankruptcy is the correct one for you. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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Attorney Raulerson is correct, but...not all courts in the US are as advanced as Florida in terms of having clerks' records and documents available on line. So, he is correct, first thing:
1. look in the public records of Miami-Dade to see if you have a judgment recorded. That would get you a case number, then go on-line to the Clerk's court documents to pull up the docket and see the pleadings.
2. if that does not work, it might be the law suit was filed in another county, or even another state, so consider calling the bank, even today, to see if they can tell you the name of the court and case number, and if you can not get through then call tomorrow, or go to a branch of the bank so a customer service rep at a desk can call the correct department.
When you make your phone calls, do not use the term "subpoena". The correct term is "Writ of Garnishment". That will help avoid a lot of confusion when you look on-line or speak with some one at the bank.
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Garnishment is always without notice, The bank should be able to tell you the contact information of the attorney who served the bank with the garnishment. Additionally, you can find on the clerk of court of Miami-Dade's website any lawsuit filed against you with the docket showing garnishment.
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You need to meet with a Debtor's attorney right away to see if you need to file BK or qualify for head of household, etc.
I agree that you need to take quick action. You may have a full, or at least partial exemption against the garnished funds. Or, it might be best to file bankruptcy before the funds are released by the bank. The funds are still with the bank during the time you have to challenge the garnishment with a claim of exemption.
The law is complicated and although the facts expressed may seem to be all that is relevant, there may be many other important facts to consider. Also, the law is constantly undergoing change, so what may be correct today, may not be accurate tomorrow. Only a full consultation with an attorney experienced or knowledgeable in the specific legal subject matter is likely to result in the optimal course of action.
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