If you and a Florida trust lawyer filed a breach of fiduciary lawsuit in West Palm Beach probate court you may find that getting paid is not as easy as it looks. Estate lawyers in Florida know how to usegarnishment laws to get at defendant’s bank accounts but there are strict rules on how and when to do so. Check out this recent case out of Miami’s Third District Court of Appeal to learn more.
Garnishment
- Probate litigation attorneys in Delray Beach use the garnishment laws to collect judgments.
- Many people think that after a judgment is handed down the Sheriff or Court just goes to the Defendant’s bank account and takes the money.
- Florida probate lawyers know it is anything but that easy.
- There are entire books written on how to properly garnish wages and bank accounts.
- Florida estate lawyers have to be careful not to abuse their power within the Court but they also have a duty to get you paid.
- Probate attorneys Florida should read this recent case out of Miami Dade’s Third District Court of Appeal before they start garnishing wages.
Keane v. President Condos
- This was an appeal centered around attorney fees, garnishment and condo parking spots.
- What does this have to do with my probate lawsuit?
- Because garnishment rules apply to both.
- Florida estate attorneys know that failure to follow the garnishment rules could cost you big on appeal.
- If you file to garnish improperly the other side can appeal.
- This is true when you file a probate lawsuit and get a judgment against a defendant.
- Are you sure that you are following all the applicable rules of garnishment or are you just blindly filing writs of garnishment?
- Be careful.
- Why?
- Because the costs on appeal could be greater than the garnishment was!
Want to learn more?
Check out the entire case by clicking here.
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