Florida Law prohibits the Garnishment of the bank account of a Head Of Family, for up to six months after such Earnings are received by the Head Of Family. If the Creditor does not follow certain procedural requirements, the Garnishee can seek to have the Garnishment dissolved on procedural grounds (in addition to the grounds that the Garnishee is Head Of Family).
Cullen, III v. Marsh, a Florida Case that addressed Sanctions against a Creditor for not following the proper procedural requirements for Garnishment, the Court addressed the procedures that need to be followed by a Creditor seeking the Garnishment of a Debtor’s bank account.
The Plaintiff (or Creditor) must furnish by first class mail to the Defendant, a copy of the Writ of Garnishment and a copy of the Motion for Writ of Garnishment. If the Defendant is an individual, then the Plaintiff must send a “Notice To Defendant” to Defendant’s last known address within five business days after the Writ is issued or three business days after the Writ is actually served on the Garnishee, whichever is later.
25 States in the United States, including District of Colombia and Florida, recognize property held by Husband and Wife as Tenancy by the Entireties
