What is a garnishment in civil law?

A garnishment in civil law is a legal process a creditor can use when a debtor fails to make payments on a debt. In Florida, a creditor must first obtain a court order or a writ of garnishment before taking legal action. The writ of garnishment allows the creditor to take funds from the debtor’s bank account, wages, salary and other property. The funds are then used to pay off the outstanding debt. In Florida, the writ of garnishment cannot exceed 25% of the debtor’s gross wages, or 50% of the net wages if the debtor supports a family. There are some exceptions to this rule such as child support payments and alimony. The court will issue a garnishment order if the debtor fails to make payments according to the terms of the original agreement. Once the court issues the order, the debtor must comply or face a lawsuit. If the garnishment order is not followed, the creditor may file a lawsuit against the debtor in civil court. The court may then order the garnishment of the debtor’s wages or assets to pay the outstanding debt. In Florida, a garnishment order lasts for two years, and any funds collected during this period must be returned to the debtor. After two years, the debt is considered satisfied and the court order is dropped.

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