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writ of garnishment against a bank account

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jam813b

Junior Member
What is the name of your state? Florida

I have won a judgement against my previous landlord for the theft of property from me. I was awarded a judgement of $1,175.00 which includes court fees and summoning fees. I have already requested a certified copy of the judgement from the clerk of courts and had it recorded with the records department.

Now I understand that there are a few ways to go about getting the monies owed me. 1) Once she sells anything of real property of hers then I will be satisfied first. 2) Writ of garnishment of wages. 3) Writ of garnishment of a bank account. 4) Turnover order for the property that was taken if you know where the property is being held(not what i'm looking for.)

There might be other ways to receive restitution but i'm not fully familiar with all of them.

Here is my concern if I attempt to file for a Writ of Garnishment of a bank account, the Florida Law states that once you file for garnishment on an account that you must then submit to the defendant and the bank a "Notice to Defendant" which lets that person know you are garnishing that account. That gives that person approximately 20 days to disput the garnish due to any exemptions. During this period, is the account frozen/locked until garnishment is either satisfied or disputed? Or can the defendant withdrawl her account and close it before the 20 days and leave me with nothing to garnish? This process is cost approximately $178.00 for each attempt at garnishment.

I'd do it through writ of garnishment against wages but she is a bartender and her paycheck is minimal due to the bulk of her pay being tips in cash and more then likely not recorded.

The only other concern is will I have to have all of her account info before I go to the clerks office with the writ of garnishment to file? If so, is there a way to receive this info? (i.e. account number, if there are sufficient funds in the account before I attempt garnishment, etc.)

Thank you,
Jamie
 



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