A Writ of Execution may be issued by a deputy clerk upon request. A Writ of Execution commands the Sheriff's Department to make demand for the amount of your final judgment from the defendant. This is only effective if you obtain an Instruction for Levy form from the Sheriff's Office.
Writs are extraordinary remedies. They are governed by very specific substantive and procedural standards, and are different from appeals. Writs are original proceedings in the appellate court. They are initiated by filing a petition directly in the appellate court.
Once you have located property the sheriff can seize, you take your judgment to the Clerk of the Court that issued the judgment and ask for a document called a Writ of Execution. This tells the sheriff to seize property of the judgment debtor to satisfy your judgment.
Under federal law, the servicer must generally send you a payoff statement within seven business days of your request, subject to a few exceptions. (12 C.F.R. § 1026.36.)
The statement is provided by the mortgage servicer and can be requested at any time. Accurate payoff information is crucial for managing financial decisions related to property ownership.
To get a payoff letter, ask your lender for an official payoff statement. Call or write to customer service or make the request online. While logged into your account, look for options to request or calculate a payoff amount, and provide details such as your desired payoff date.
A creditor can garnish 25% of your disposable income or the amount by which your disposable income exceeds 30 times the federal minimum wage, whichever is less. In Florida, if your disposable income is less than 30 times the federal minimum wage, your wages can't be garnished at all.
You can eRecord your document through one of our approved vendors. With this option, you re- tain your original document and the recorded im- age is available the next day. Additional infor- mation on this option, including links to the ven- dors, is available on the web at . miami- dadeclerk/eRecordings.
How to Dispute a Wage Garnishment in Florida Determine Whether Grounds to Object Exist. Before a debtor spends time pursuing an objection to a wage garnishment, it is important to establish whether grounds to do so are present. File a Written Objection. Attend the Garnishment Hearing.
To make a request contact the Clerk's office by mail or in person at Miami-Dade County Courthouse or by email at cocoffrec@miamidade.