Space Coast Credit Union v. Walt Disney World Co.

483 So.2d 35 (Fla.Dist.Ct.App. 1986)

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Nature of the Case

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Facts

Credit Union got a final judgment of $1,979.43 against Montgomery in April of 1981. In April of 1982, Montgomery executed an Amended Assignment of Earnings for Payment of Final Judgment in favor of Credit Union. The agreement directed Walt Disney to deduct from his wages and pay to Credit Union $20 per week commencing February 25, 1982, through June 30, 1984. The agreement expressly waived all exemptions under Florida law. Notice of the assignment was mailed to Walt Disney, but it refused to comply. Credit Union appeals from a final judgment denying its request that Walt Disney be forced to comply with the Credit Union-Montgomery contract. The trial court held that there was no common law or statutory requirement imposing a duty on the part of an employer to honor a voluntary wage assignment.