People are very protective of their wages, and predictably, most are not happy to be served with notice of a writ of garnishment. Confronting a debtor with a notice can be an uncomfortable situation; therefore, it makes sense for many people to obtain a process server to provide the paperwork to notify the debtor in a professional and neutral fashion.
A professional process server can make serving a writ of garnishment easier. Typically, he or she will have experience in serving papers for people in volatile situations.
How a Process Server Ensures Legal Statutes are Followed
Florida law includes several steps to serving a writ of garnishment. First, the creditor must file a motion with the court. The clerk will issue the writ. Then, the creditor or contracted process server will serve the writ of garnishment to the garnishee, such as the debtor’s employer or financial institution.
After the garnishee has been served with the writ, the debtor must then be provided with a notice within five days of the date of issue for the writ or within three days of service to the garnishee, whichever is later. The debtor must be provided with copies of the motion for writ of garnishment, writ garnishment issued by the clerk and the claim of exemption form. The latter form provides the debtor with the opportunity to submit an exemption to the money being garnished.
The debtor and the garnishee are each required to respond to the writ, and awaiting these answers and possible resultant hearings can slow down the collection of the debt. Contracting a qualified process server to handle these steps ensures that each stage is followed correctly and quickly, according to Florida’s statutes. He or she should be trained in Florida’s legal processes, so you can rest assured that the debt owed to you is paid back in a timely manner.
