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.

Related FAQs

How do I file a motion in small claims court?
What is the statute of limitations for filing a claim in small claims court?
How do I collect a judgment from an individual who does not have assets?
How long does it take to pursue a claim in small claims court?
How do I find out the status of my small claims court case?
How much does it cost to appeal a small claims court decision?
Are there any special rules for parties under the age of 18 in small claims court?
Are there any rules or limitations on witnesses testifying in a small claims court case?
Can I get an extension on my small claims court case?
What types of disputes are eligible for small claims court?

Related Blog Posts

What is Small Claims Court and How Does it Work? - July 31, 2023
Maximizing Your Chances of Success in Small Claims Court - August 7, 2023
7 Tips For Submitting a Winning Small Claims Court Case - August 14, 2023
The Pros and Cons of Taking Your Case to Small Claims Court - August 21, 2023
Preparing for Your Small Claims Court Hearing - August 28, 2023