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    brogini's Avatar
    brogini Posts: 9, Reputation: 1
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    #1

    Dec 15, 2012, 01:52 PM
    How to fight writ of garnishment
    Just received writ of garnishment from bell south yellow pages froze bank account(took money out but not released to creditor) had same thing with same company 2 years ago and I swear I received a satisfied judgement.how do I fight this? Is a business account and has all the money I own in it.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Dec 15, 2012, 01:58 PM
    You didn't keep the satisifaction? You are going to have to file a motion to vacate the garnishment, but if you can't prove that the bill was satisfied, I doubt if it will fly.
    brogini's Avatar
    brogini Posts: 9, Reputation: 1
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    #3

    Dec 15, 2012, 02:01 PM
    Quote Originally Posted by ScottGem View Post
    You didn't keep the satisifaction? You are going to have to file a motion to vacate the garnishment, but if you can't prove that the bill was satisfied, I doubt if it will fly.
    Can't find it can I get it from lawyer of 2 years ago?
    brogini's Avatar
    brogini Posts: 9, Reputation: 1
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    #4

    Dec 15, 2012, 02:05 PM
    Quote Originally Posted by ScottGem View Post
    You didn't keep the satisifaction? You are going to have to file a motion to vacate the garnishment, but if you can't prove that the bill was satisfied, I doubt if it will fly.
    Also was not informed of additional debt owed and no request for payment
    brogini's Avatar
    brogini Posts: 9, Reputation: 1
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    #5

    Dec 15, 2012, 04:01 PM
    Florida writ of garnishment
    How do I file a motion to Vacate garnishment in Florida for business account?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #6

    Dec 15, 2012, 04:14 PM
    Need more information if this is a business account. >threads merged to show that it is indeed a business account<

    Unless you are incorporated it involves your personal life as well.
    brogini's Avatar
    brogini Posts: 9, Reputation: 1
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    #7

    Dec 15, 2012, 07:29 PM
    Quote Originally Posted by tickle View Post
    Need more information if this is a business account. >threads merged to show that it is indeed a business account<

    Unless you are incorporated it involves your personal life as well.
    Yes it is an s corporation
    brogini's Avatar
    brogini Posts: 9, Reputation: 1
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    #8

    Dec 15, 2012, 07:30 PM
    Quote Originally Posted by brogini View Post
    Yes it is an s corporation
    is it worth getting a Lawyer
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #9

    Dec 15, 2012, 08:07 PM
    If it is a corporation, then "all the money you have" is not in it, since your personal money is not in it. If you are using the company bank account as a personal bank account, paying personal bills from it, you also lose any protection once that is proven. Personal money and business money has to be keep separate.

    How much is the bill ?

    But you should have no issue if proved that it was paid.
    brogini's Avatar
    brogini Posts: 9, Reputation: 1
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    #10

    Dec 15, 2012, 08:14 PM
    Quote Originally Posted by Fr_Chuck View Post
    If it is a corporation, then "all the money you have" is not in it, since your personal money is not in it. If you are using the company bank account as a personal bank account, paying personal bills from it, you also lose any protection once that is proven. Personal money and business money has to be keep separate.

    How much is the bill ?

    But you should have no issue if proved that it was paid.
    26,000 in account 22,000 is owed. All is frozen but that is what I pay myself with. I received some settlement paper 2 years ago but cannot locate it. Is from bell south yellow pages.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #11

    Dec 15, 2012, 08:33 PM
    Your lawyer will have copies of it, plus you can just go down to the court house and get copies of all the court papers from previous case.

    Yes 20 plus thousand is worth an attorney, if it was 300 or 500 dollars it is often borderline hiring a 3000 attorney
    brogini's Avatar
    brogini Posts: 9, Reputation: 1
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    #12

    Dec 15, 2012, 08:42 PM
    Quote Originally Posted by Fr_Chuck View Post
    Your lawyer will have copies of it, plus you can just go down to the court house and get copies of all the court papers from previous case.

    Yes 20 plus thousand is worth an attorney, if it was 300 or 500 dollars it is often borderline hiring a 3000 attorney
    That's just it I don't and didn't have a lawyer
    brogini's Avatar
    brogini Posts: 9, Reputation: 1
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    #13

    Dec 15, 2012, 08:45 PM
    Quote Originally Posted by brogini View Post
    Thats just it I dont and didnt have a lawyer
    Thanks for your response
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