Wage garnishment exemption

[Attesor]

What is the name of your state (only U.S. law)? Fl
I was informed by my employer that a collection agency is attempting to garnish my wages. Apparently there was a default judgment against me in 08/2008. I am currently a single parent to 2 children so I am going to file a head of family affidavit to stop any levying of my accounts and/or wage garnishment. Would it be wise to also file to a motion to set aside the judgement? I don't know what debt this could be from. I haven't had a credit card in over 10 years. I do recall getting a card at 18 but that was 17 years ago. I know it's been several years since the judgment, however is there anything I can do now to get this vacated?
Also how long is my head of family exemption good for? Any advice is much appreciated.

 

[adjusterjack]

What is the name of your state (only U.S. law)? Fl
I was informed by my employer that a collection agency is attempting to garnish my wages. Apparently there was a default judgment against me in 08/2008. I am currently a single parent to 2 children so I am going to file a head of family affidavit to stop any levying of my accounts and/or wage garnishment.

Good.

Here's the statute in case you haven't read it.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0077/Sections/0077.041.html

Would it be wise to also file to a motion to set aside the judgment? I don't know what debt this could be from. I haven't had a credit card in over 10 years. I do recall getting a card at 18 but that was 17 years ago. I know it's been several years since the judgment, however is there anything I can do now to get this vacated?

No way to know until you get the complete case file copied so you can review what happened. The garnishment papers will give you the court and the case number where the case was file. Go get copies of everything in the file and then come back to this thread for additional discussion.

Also how long is my head of family exemption good for?

You would have to file the exemption any time a Writ of Garnishment is filed.

 

[Attesor]

I filed the exemption and mailed it to the Plaintiff and I will provide my employer also with a copy. So I guess I just have to wait for a hearing? I'm not claiming this debt, I don't even know what exactly it is, or when it is from. The final default judgement says the creditor is to also collect 11% interest. Is it not true that Florida allows interest up to 10%? How is this(11%) even possible? I do believe since the judgment was final in 2008, more than 2 years ago, I'm too late for a motion to set aside or vacate, no?