What is the process for obtaining a garnishment order in a small claims court case?
In Florida, a garnishment order is court-ordered and requires the debtor’s employer or bank to transfer some of the debtor’s wages or assets to a creditor in order to satisfy a debt. The process for obtaining a garnishment order in a small claims court case typically begins with the creditor filing a claim against the debtor in small claims court. The court will provide a summons to the debtor, which serves as the debtor’s notice of the claim. The debtor then has an opportunity to respond to the claim. If the debtor does not dispute the claim, the court may enter a judgment in favor of the creditor. Once the judgment has been granted, the creditor can file a motion with the court requesting a garnishment order. The motion must include certain details such as the amount of the judgment and the reasons for the garnishment order. The court will then review the motion and, if approved, will issue the garnishment order. The creditor must then serve the order on the debtor’s employer or bank. The employer or bank must then comply with the garnishment order and deduct the amount from the debtor’s wages or accounts. The employer or bank must then send the funds to the creditor in order to satisfy the debt.
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