Story of Justice: CCLA Helps Frank Dissolve a Garnishment

Frank is a 63-year-old senior citizen who is a single parent to his 8-year-old daughter.  He acknowledged making poor decisions when he was younger which resulted in his incarceration between the years 2005 and 2012.  While he was incarcerated, his vehicle had been repossessed and, when released, he was sued for a deficiency judgment. When he contacted Coast to Coast Legal Aid of South Florida for assistance, 25% of his wages were being garnished in repayment of that judgment. Our office filed a Notice of Appearance and we began representing Frank in the litigation.

As we researched the case, we uncovered that Frank had been incarcerated at the time that service of process was effectuated. Substitute service was made upon his nephew, who had been residing in Frank’s home while he was incarcerated. This violated Florida law.  Service of Process should have been made directly upon Frank at the correctional facility.

Meanwhile, the 2007 judgment had been accruing interest for over 16 years resulting in a total debt owed of over $30,000. Frank, as a single parent of a minor child, could not afford to make the garnishment payments, so our office immediately moved to dissolve the garnishment. We argued both, that he is Head of Household, and also that Service of Process was improper resulting in a void judgment.

Before we proceeding to hearing on our motions, the Plaintiff’s attorney agreed to entered into a settlement agreement whereby the Plaintiff would keep the already garnished funds in exchange for a Satisfaction of Judgment. The garnishment was dissolved, a Release was signed by both parties and Frank’s debt of over $30,699.12 was satisfied.  He is no longer as risk of any further legal action in this matter.

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