Business Address
Law Office of Randall A. Fischer P.A. At Stuart

2100 SE Ocean Blvd #203, Stuart,
Martin, Florida 34996
Phone: (772) 463-7737

Randall A. Fischer, P.A.

725 SE Port St Lucie Blvd #206, Port St. Lucie
St. Lucie, Florida 34984-5232
Phone: (772) 463-7738

Randall A. Fischer, P.A. Law Office At Jupiter

1080 East Indiantown Road #104
Jupiter, Florida 33477
Phone: (561) 316-7111

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Can my bank account be garnished?

What is a Writ of Garnishment?

A writ of garnishment is an ancillary proceeding to the primary action by the plaintiff against the defendant, the purpose of which is to attach or reach assets belonging to the defendant but held by a third party.

A writ of garnishment is often used by creditors to garnish wages and bank accounts. Usually, the creditor has judgment, but there are opportunities for a writ of garnishment to be obtained before a judgment has been obtained.

It is important to know this remedy is available to creditors. When a creditor begins an action (i.e. files and serves a summons and complaint), do not ignore it. The failure to respond could result in a default and ultimately a judgment in favor of the creditor/plaintiff. The plaintiff has 20 years to act on that judgment. Although the defendant’s circumstances, when the plaintiff obtained the judgment, may have been bleak, years later, after the defendant has been able to finally establish himself financially, he may find his bank account or his wages subject to a garnishment.

If you find yourself facing a potential lawsuit from a creditor, are involved in litigation, or have a judgment against you and need a lawyer that can help, give my office a call.

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