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Claim of Exemption in Florida In Florida, a claim of exemption is the statutory form used to formally claim an asset as exempt from a garnishment. There is no way for a debtor to claim the head of household exemption before a wage garnishment begins.

(2)(a) All of the disposable earnings of a head of family whose disposable earnings are less than or equal to $750 a week are exempt from attachment or garnishment.

You can stop a garnishment by: Paying off the debt in full. Filing an objection to the garnishment with the court if you have legal basis, such debt was a result of fraud or identity theft. Filing for court protection and debt resolution through Chapter 13 or Chapter 7 bankruptcy.

IF YOU HAVE A VALID EXEMPTION, YOU SHOULD FILE THE FORM FOR CLAIM OF EXEMPTION IMMEDIATELY TO KEEP YOUR WAGES, MONEY, OR PROPERTY FROM BEING APPLIED TO THE COURT JUDGMENT. THE CLERK CANNOT GIVE YOU LEGAL ADVICE. IF YOU NEED LEGAL ASSISTANCE YOU SHOULD SEE A LAWYER.

Under Florida law, your income can't be garnished if you're the head of household and your weekly disposable income is $750 or less. If your weekly disposable income exceeds $750, a creditor can only garnish your wages if you agree to the garnishment.

Ing to Florida Statute 222.11, a head of family whose earnings are $500 per week or less is exempt from wage garnishment. If you are a head of family and you earn more than $500 per week, the amount garnished is calculated based only on the amount you earn in excess of $500.

If the Garnishee fails to file an Answer within 20 days, you must serve, by mail a Notice advising the Defendant that a Motion to Dissolve the Writ of Garnishment must be filed within 20 days after the Notice was served on the Defendant. You must file a Certificate of Service (Law 820) of the mailing.

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I CLAIM EXEMPTIONS from garnishment under the following categories as checked: 1. Head of family wages.Fill out the Claim of Exemption form completely. Attach documentation to the Claim of Exemption to support the exemptions you are claiming. If the Sheriff "levies on" or takes property that you believe is exempt, you should promptly (i) fill out the REQUEST FOR. Writing on the request to receive these papers.) shown above following (specify): at the address. I am not the judgment debtor named in the notice of levy. Fill out the Application for. Waiver of Court Fees to ask the court for a fee waiver. A court hearing is requested about whether the money, funds or income is exempt from garnishment.

Florida Claim of Exemption And Request For Hearing

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