Dissolution of a Writ of Garnishment in Florida

Gideon Alper Creditor Rights

One of our clients wanted to know how exactly a dissolution of a writ of garnishment in Florida would work. We already filed a motion to dissolve the writ of garnishment. The creditor’s attorney accepted the facts alleged in our motion and planned to file a Voluntary Dismissal of Writ of Garnishment.

The filing of the dismissal was sent to the attorney for the client’s employer. Once the employer receives the dismissal documents, the employer should resume paying the client his normal salary as well as give to the client any funds that were withheld.

If the creditor had decided to press the issue at a hearing, then the Court would enter an order on the client’s claim of exemption. If the order stated that the salary or wages were exempt, then that order would direct the garnishee employer to stop withholding salary and to forward to the client any funds already withheld.

In sum, the process after dissolution is not instantaneous and depends on whether the creditor voluntarily dismisses the garnishment or if it is done by court order.

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