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Can a debt collection law firm in Florida garnish someone's pay even if that someone never went to court?
Wiki User
∙ 8y ago
No! In order to obtain a garnishment order the creditor must follow due process of law. They must file suit, receive a judgment from the court, and apply for a writ of garnishment of wages. The consumer/debtor must be notified of the action and given time to present a defense. The state of Florida has very stringent garnishment statutes. If a collection agency rep. has led you to believe that they have the power to garnish your wages independent of court action they are in violation of the FDCPA and should be reported.
Yes, if you were summonded to court and pulled a no show they will proceed without you. It is almost always best to show up and defend yourself. It makes it just a little harder for them to tell tall tales when you are present to disagree.
Wiki User
∙ 8y ago
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