Make Notes On Legal Florida Garnishment Forms For Free

(5) If the plaintiff fails to file a dismissal or motion for final judgment within 6 months after filing the writ of garnishment, the writ shall automatically be dissolved and the garnishee shall be discharged from further liability under the writ.

To stop wage garnishment in Florida, a judgment debtor must (1) review the writ for procedural mistakes, (2) file a claim of exemption, (3) gather all documents in support of the claimed exemption, and (4) attend the final hearing on the exemption.

Section 77.07 - Dissolution of writ (1) The defendant, by motion, may obtain the dissolution of a writ of garnishment, unless the petitioner proves the grounds upon which the writ was issued and unless, in the case of a prejudgment writ, there is a reasonable probability that the final judgment in the underlying action ...

Five (5) business days after the writ is issued or three (3) business days after the writ is served on the garnishee (whichever is later), the plaintiff is required to mail a copy of the Writ of Garnishment, a copy of the Motion and the 'Notice to Defendant' (if the defendant is an individual), as set forth in Fla.

The exemption is asserted as a defense to garnishment of a debtor's wages. The head of household exemption allows a judgment debtor to exempt their earnings from garnishment, including salary, wages, commissions, or bonuses. The exemption is provided by section 222.11 of the Florida statutes.

The garnishee's answer shall specify the periods of payment (for example, weekly, biweekly, or monthly) and amount of salary or wages and be based on the defendant's earnings for the pay period during which this writ is served on the garnishee.