CONSUMER DEBT ISSUES
Debt Lawsuit Defense
Defense against creditors and debt buyers, including procedural defenses, evidentiary challenges, and strategic negotiation when appropriate.
Have You Been Sued For An Alleged Debt?
If So, Review the Following Information About Your Rights:
1. THE BURDEN OF PROOF IS ON THE PARTY BRINGING THE LAWSUIT, AND YOU ARE ENTITLED TO SEE PROOF OF THE DEBT OBLIGATION. Usually, the creditor must provide the proof to you at least 10 days prior to the final hearing of the case.
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2. THE BURDEN OF PROOF IN A DEBT-BASED LAWSUIT MEANS THE CREDITOR OFTEN MUST PROVE ALL OF THE FOLLOWING:
(a) the exact amount of the debt, including interest and penalties, (b) the existence of a contractual or creditor-debtor relationship with the debtor, and (c) that the creditor owns the right to pursue the debt.
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3. INTEREST ON INTEREST AND FEES ON FEES? You may have rights to fight a claim – or even win it outright - based on both the amount of the money being claimed from you, as well as the source of those charges. Creditors are only allowed to charge interest in a certain amount and under certain circumstances, and those limitations are often ignored unless the claim is defended property. ​
4. THERE IS A STATUTE OF LIMITATIONS THAT MAY PROHIBIT THE ENFORCEMENT OF THE DEBT. The statute of limitations may be as short as 3 years (beginning immediately after the last payment made on the debt obligation).
5. EXPERIENCED LEGAL REPRESENTATION IS AVAILABLE TO YOU AT AN AFFORDABLE PRICE. The law office providing you this information sheet has significant experience defending against creditor lawsuits (see the back of this sheet for a detailed description of the attorneys’ training and experience), and may be retained for a fee (covering all fees and costs) of as little as $300.00.
Garnishment Defense
Representation in wage and bank garnishment proceedings, including claims of exemption and motions to dissolve improper garnishments.
What Is Garnishment?
Garnishment is a legal tool used by creditors after they have already obtained a court judgment against you.
It usually takes one of two forms:
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Bank Garnishment
A creditor freezes money in your bank account and attempts to seize those funds.
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Wage Garnishment
A court order requires your employer to withhold part of your paycheck and send it to the creditor.
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After voluntary payment, garnishment is the most common way creditors try to collect money from a judgment debtor.
Why Garnishments Are So Disruptive
Garnishments often cause immediate financial crisis because:
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Bank accounts can be frozen without warning
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Rent, utilities, and groceries may suddenly be inaccessible
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Paychecks may be reduced with little explanation
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Bills fall behind quickly, even if the debt is old
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The Shock is Real & Timelines to Respond are Short.
How Garnishment Usually Happens
In Florida, garnishment follows a strict legal process, but the first step often happens without advance notice to you. Here’s what typically occurs:
1. Garnishment Starts Without Warning
Creditors are allowed to begin garnishment before notifying you, specifically to prevent funds from being moved out of a bank account. This is why many people only find out after their account is frozen or their wages are withheld.
2. Notices Are Sent After the Freeze or Withholding
Once garnishment begins, the creditor must send you legal notices explaining:
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That a garnishment has been issued
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What funds or wages are being targeted
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Your right to object or claim exemptions
3. Strict Deadlines Apply – This Is Critical.
If you do not respond within the required time:
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You may permanently lose defenses
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Exemptions can be waived
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The garnishment may continue unchecked
4. A Court Hearing May Be Required
If defenses or exemptions are properly raised on time, the court should hold a prompt hearing to decide whether:​
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The garnishment should be dissolved
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Funds should be released
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The garnishment should be reduced or modified
Common Defenses & Exemptions to Garnishment
Not all money can legally be taken by creditors.
Depending on your situation, some or all of the funds may be protected, including:
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Social Security & certain government benefits
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Wages of a “head of family.”
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Money belonging to someone else (such as joint accounts or trust funds)
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Certain retirement or exempt funds
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For wage garnishments, the “head of family” exemption is a powerful protection, but it must be claimed correctly and on time.
Can a Garnishment Be Reduced Instead of Stopped?
In some cases, especially in small claims court matters, a judge has the authority to:
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Reduce the amount being taken
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Order a more manageable payment structure
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Require a payment plan lower than the federal maximum garnishment
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This relief is not automatic and usually requires legal advocacy.
WHY TIMING & PROCEDURE MATTER
Garnishment Law is Highly Technical. Even Strong Defense Can Be Lost If:
With the Right Response, Garnishments Can Sometimes Be:
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The wrong form is filed
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A deadline is missed
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Notices are ignored or misunderstood
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Dissolved entirely
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Modified to release funds
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Used as leverage to negotiate a realistic settlement
Without a response, they often continue until the judgment is paid in full.
Is A Garnishment Being Sought Against Your Money?
If So, Please Review the Following Information About Your Rights:
1. A JUDGMENT IS NOT AN ORDER TO PAY. The Judge does not require payment by entering a judgment. Judgments only allow for collections as permitted by law.
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2. GARNISHMENT PROCEDURES ARE CRITICAL, AND OFTEN FLAWED: Many garnishments have legal flaws that may require that the garnishment be dissolved and your money released.
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3. YOUR WAGES AND BANK ACCOUNTS MAY BECOME TARGETS FOR COLLECTION. Judgments are often collected by freezing defendants’ bank accounts or by taking some money from each paycheck due to the defendant. A garnishment may seize up to 25% of your take-home pay from every paycheck!
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4. YOUR MONEY AND PROPERTY MAY BE EXEMPT OR IMMUNE FROM COLLECTION ON A JUDGMENT. Florida law protects some money and property from judgment collection. It is the Defendant’s burden to file appropriate papers and to prove entitlement to these protections.
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5. THERE IS A TIME LIMIT ON ENFORCING YOUR RIGHTS. If you do not raise your garnishment protections properly and within certain time limits, you may lose your ability to protect your money or wages from garnishment collection.
6. A JUDGMENT MAY BE REVERSED, OR MAY BE SETTLED FOR LESS THAN ITS FACE VALUE. Understanding legal arguments for reversing judgments and against collection is important for achieving the best possible result.
​7. EXPERIENCED LEGAL REPRESENTATION IS AVAILABLE TO YOU AT AN AFFORDABLE PRICE. The law office providing you this information sheet has significant experience defending against creditor lawsuits and judgment collection (see the back of this sheet for a detailed description of the attorneys’ training and experience), and may be retained for a fee (covering all fees and costs) of as little as $300.00.
Garnishment Defense That Moves Quickly
We Represent:
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Individuals with rozen bank accounts
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Wage garnishments
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Post-judgment collection actions
Our Approach Focuses On:
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Identify available exemptions
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Act within strict legal deadlines
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Seek release or reduction
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Restore financial breathing room
TAKE ACTION NOW!
COMMON CREDITORS WE FIGHT
Absolute Resolution
American Express
Bank of America
Bureaus
Capital One
Cascade Capital
CKS Prime
Credit Corp Solutions
Crown Asset
Discover Bank
DNF​​​​
Galaxy
JH Portfolio
JHPD
Persolve
Resurgent
Spring Oaks
UHG
Velocity Investments​​​​​​​​​​​
