I am a clerk working for a Miami-based firm that offers free legal advice to indigent clients. I had a heart-wrenching moment today when a single mom walked into my office. 25% of her wages are being garnished even though she is head of household and has just about zero disposable income.
None of her wages would be garnished had she timely filed her “head of household” exception. She would have – but the petitioner sent her notice of wage garnishment and the head of household form to the wrong address! An address she has not lived in since June of 2009.
The woman had 20 days after service to fill out the form but since she never got it, one was not filled out. Is there anything she can do? I just don’t know where else to look, the statutory deadlines are awful strict in Florida.”
I’m absolutely not the right person to ask about legal advice, seems someone there might know the technical answer to you issue on the process.
But what I am struck at is what this poor woman is facing besides just this one creditor and garnishment.
The quickest way to stop the garnishment and address other issues she might have would be a consumer bankruptcy but simply more must be know to make a specific recommendation.
Maybe a referral to one of the pro bono Miami bankruptcy providers might be the best bet.
Please post your responses and follow-up messages to me on this in the comments section below.
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