- August 14, 2023
- Posted by: legaleseblogger
- Category: Related News
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AI Legalese Decoder: Providing Legal Assistance in Understanding Your Rights and Options
Living in Florida with long-standing health problems, I have been struggling to address them due to limited insurance coverage provided by my customer service jobs. Consequently, I have accumulated medical debt over the years, which had not been pursued until September 2022. At that time, I received an unexpected letter stating that I had missed a court hearing regarding my debt, leading the judge to rule in favor of the other party. The ruling mandated that 25% of my wages would be garnished until the debt and accumulated interests were paid off.
Upon researching the matter online, I discovered that in Florida, this garnishment percentage only applied to weekly earnings of $700 before taxes. However, my income falls significantly short of this threshold, ranging from $425 to $445 per week, or occasionally just over $500 if I work extra shifts.
Seeking to challenge the ruling, I attempted to appeal. However, my move to a different county made it impractical for me to attend the court hearing required for filing an appeal. While I explored the option of submitting the appeal online, it became apparent that physical submission to the judicial courts in the garnishment county was necessary. Unfortunately, logistical constraints, including a lack of personal transportation and a two-hour distance, made this approach unfeasible for me. Even though I receive government assistance due to insufficient wages, visiting local court houses in my county proved to be fruitless. Consequently, I resorted to sending a letter to the lawyer’s office responsible for the garnishment, explaining my financial limitations and dependence on assistance programs. Sadly, they responded callously, dismissing my concerns and refusing further conversation.
As a result of the garnishment, my weekly paycheck dramatically decreased from $425-$445 to a mere $225-$238. Considering that $180-$190 was deducted from my earnings per week, it felt as though I was only working for three days a week instead of my full-time schedule. Such financial constraints forced me to reduce my working hours, resulting in a loss of $25-$30 in wages even without the garnishment. However, this change in employment did bring some relief to my health condition, allowing me to allocate more time to crochet projects that I sell online. Nevertheless, I am currently seeking new employment opportunities due to unrelated issues with my current job. Regrettably, I am concerned that if my wages fall below the $700 weekly threshold, the garnishment may increase again to a burdensome level.
Considering the circumstances, I question the legality of the initial court ruling and wonder if I have grounds to potentially seek reimbursement for the more than $3,000 already garnished from my wages.
In this situation, the AI Legalese Decoder can be immensely useful. AI Legalese Decoder can assist in decoding complex legal jargon and help analyze the legality of the garnishment ruling. By utilizing its advanced algorithms and vast legal knowledge, the AI Legalese Decoder can provide valuable insights into whether the garnishment exceeded legal limitations based on your income. Additionally, it can help determine the feasibility of pursuing reimbursement for the garnished amount through appropriate legal channels. With its assistance, you can gain a better understanding of your rights and explore potential options to address the excessive garnishment diligently.
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The time to address this was when you received notice of the garnishment, unfortunately. The longer it has been, the harder it will be to do anything about it; after more than a few months, you may be stuck with the result even if it could have been avoided earlier.
The way forwards would be through an application to the court where the judgment was entered, asking to set it aside because you were never served with notice of the original proceeding. If you have some defence to the debt – the amount is wrong, you already paid it, you never did business with the plaintiff, the statute of limitations on the debt had expired when they filed, or whatever else, but not “I can’t afford it” as it’s not relevant to whether you owe it – then the motion to set aside the verdict will give you a second shot at presenting that argument and potentially avoiding the judgment.
You may be able to have a courier take the application to the court for you, along with an application to have the hearing held via Zoom or via conference call, depending on the court, or you may have to do all of this in person. There’s also no guarantee of success; two possible outcomes are that the motion is denied for one reason or another, or that the motion is allowed but you still lose the re-heard lawsuit and end up in the same position you’re in today.
> Do I have grounds to possibly get some of that >$3k they already garnished back?
_If_ the verdict is set aside, and _if_ you win the resulting trial, then yes. If you can demonstrate that the amount you were garnished was not consistent with state law, _maybe_. Otherwise, no – the courts have confirmed your debt, and the garnishment is payment on it. The creditor is entitled to keep it even if it inconveniences you – that’s the whole point of garnishment.
The amount of garnishment is set by state law. What was your gross pay per week, during the period where you were being garnished?
I’m a paralegal, not an atty.
See if the Court allows file by mail, and see if you can do a motion for a remote hearing or something like that. Try to appear by Zoom. In my experience Judges will grant them at discretion.
I also don’t know your specific jurisdiction. I worked across 23 states though and it’s usually possible to do something like this, especially for smaller cases like this
I would look up a local nonprofit legal services organization in your area. They might have attorneys who do consumer law and can advise if you are a good candidate for bankruptcy. You might be able to get relief from the garnishment but also the debt itself.
Where in Florida are you?
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