Florida statutes regarding consolidating similar cases
A judgment is a declaration by a court that the creditor has the legal right to demand a wage garnishment, a levy on the debtor’s bank accounts, and a lien on the debtor’s property.A creditor that is granted a judgment is called a "judgment-creditor." Which of these tools the creditor will use depends on the circumstances. The most common method used by judgment-creditors to enforce judgments is wage garnishment, in which a judgment creditor would contact the debtor's employer and require the employer to deduct a certain portion of the debtor’s wages each pay period and send the money to the creditor.When ordering a separate trial, the court must preserve any federal right to a jury trial. For comparable statutes dealing with consolidation see Ark. 1, 2007.) Notes of Advisory Committee on Rules—1937 is based upon U. C., Title 28, [former] §734 (Orders to save costs; consolidation of causes of like nature) but insofar as the statute differs from this rule, it is modified. (1937) §§96, 96a, and 97; American Judicature Society, Bulletin XIV (1919) Art.26. In general, Florida follows the federal rules for the amount of a garnishment, which allows up to 25% of a worker’s wages to be garnished. A levy means that the creditor has the right to take whatever money in a debtor’s account and apply the funds to the balance of the judgment.For exemptions, Florida Title XV, Chapter 222 defines earnings and what is considered exempt. Again, the procedure for levying bank accounts, as well as what amount, if any, a debtor can claim as exempt from the levy, is governed by state law. In Florida, a levy (called attachment) is allowed under Title XXXIX, Chapter 679.2031.
Notes of Advisory Committee on Rules—1966 Amendment In certain suits in admiralty separation for trial of the issues of liability and damages (or of the extent of liability other than damages, such as salvage and general average) has been conducive to expedition and economy, especially because of the statutory right to interlocutory appeal in admiralty cases (which is of course preserved by these Rules). In most states, creditors may garnish between 10% and 25% of your wages, with the percentage allowed determined by state law. Generally speaking, 401(K) or other retirement funds are exempt from garnishment.Garnishment of Social Security benefits or pensions for consumer debt is not allowed under federal law, but may be allowed for child support. Florida’s Garnishment rules are found in Title VI, Chapter 77. It is advisable to have those funds deposited into a separate bank account if you are concerned about garnishment on those payments. In cases (including some cases within the admiralty and maritime jurisdiction) in which the parties have a constitutional or statutory right of trial by jury, separation of issues may give rise to problems. Committee Notes on Rules—2007 Amendment The language of Rule 42 has been amended as part of the general restyling of the Civil Rules to make them more easily understood and to make style and terminology consistent throughout the rules. Accordingly, the proposed change in Rule 42 reiterates the mandate of Rule 38 respecting preservation of the right to jury trial.
See the resource Served Summons and Complaint to learn more about this process.