Claim of Exemption Granted but Accounts Still Frozen

by Anna from Miami-Dade County, Florida

My checking and savings accounts were garnished by a law firm that bought an old credit card debt I had. I filed a claim of exemption and had a hearing last week.

The judge granted my claim and told the lawyer for the debt collection to "draft" something up, and that I would get a copy sent to me via email.

I was pretty much rushed out of the courtroom with no explanation for what happens next. My bank accounts are still frozen and I haven't received anything from the court or the debt collector.

The hearing was Thursday morning and it is now Monday. I left a message for the judge's assistant, but I still haven't heard anything from her either.

I basically want to know if this seems like a typical case or is there something else I should do?

I have bills to pay and my accounts have been frozen since July 13th, today is August 1st. Thank you.

Answer to Judgement Lien Question

Dear Anna,

My suggestion is to contact the judge's assistant again and again until you get a response. Normally a judgment would be signed and issued by now.

Once issued, provide a copy to the Garnishee (in this case, your bank) and ask that your accounts be released from garnishment.

If all else fails, you can file a Motion Requesting Order to Release Funds. See our Sample Motion Form page for more information.

Also, see the following link from the Pinellas County Clerk's Office concerning judgments. Here is an excerpt from their website regarding Bank Garnishments.

In the case of bank garnishments you may obtain the funds being held by the garnishee by filing a motion requesting that the court order the garnishee to release said funds. This request must be made within six (6) months of the Writ of Garnishment being served on the garnishee and should be specific as to the amounts you are requesting be released and consistent with the judgment.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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