What does it mean when a letter I received from an attorney that says, "Move to Dissolve the Writ of Garnishment"?
I have a garnishment being taken out for a debt that is approx 7 years old. I had a collection agency and attorney garnish my wages. I tried to fight with a letter to courthouse asking to prove the debt. I received a letter 3 months later stating this: Comes Now, the Plaintiff, by and through its undersigned attorneys and pursuant to Florida Statue Section 77.055 files this Notice to Defendants: The receipient of notice is herby advised he/she must move to dissolve the Writ of Garnishment pursuant to FL Statue Sec 77.07 within 20 days after date in cert of service.
That statement means that you need to file a motion to end the wage garnishment.
You may want to have an attorney write and file the motion for you. If you can't afford an attorney, you might want to go to Legal Aid and have an attorney write the motion at a lower cost.
If you don't want an attorney to do it, you would need to go to the law library and look at that Florida Code Section. Then, you should look in Pleading and Practice in the index under motions. That will give you the general format for a motion and you could use the general format to write a motion. Also, see the format for notice of motion. A motion usually requires a memorandum of points and authorities which is supporting case law for the motion. The law library may have a book called Points and Authorities and you would need to find a pre-written memorandum of points and authorities supporting a motion to dissolve the writ of garnishment. If there isn't an applicable pre-written memorandum of points and authorities, then you should definitely have an attorney write it because it will require additional legal research.
You will need to file the motion and proof of service with the court and obtain a hearing date. You should serve a copy of the motion and proof of service on the opposing attorney. The proof of service just establishes the date of mailing. You can write your own proof of service, which just says that you are over 18 and the attached motion to dissolve writ of garnishment was sent via first class mail unless otherwise specified to _________ (name and address of opposing counsel) on _______ (date). You sign the proof of service under penalty of perjury and the date you signed it should be the same date as the date stated for mailing.