Florida Claim of Exemption And Request For Hearing
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How to fill out Florida Claim Of Exemption And Request For Hearing?
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FAQ
(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.
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.
The Florida statutes provide that a judgment creditor cannot garnish earnings consisting of wages, salary, commission, or bonus payable to a Florida head of household.
Florida Wage Garnishment Laws All of your disposable earnings less than or equal to $750 a week are totally exempt from attachment or garnishment. So, if you're a head of family and are making less than $750 per week, creditors can't garnish your wages in Florida.
However, unpaid income taxes, court ordered child support, and student loans are the exception to this rule, they will not be required to obtain a judgment prior to seeking garnishment. Creditors will have up to 20 years to collect the funds owed under a judgment. See Florida Statute 55.081.
In Florida, bank account garnishment is authorized by Chapter 77 of the Florida Statutes. Under Section 77.03, a judgment creditor can request that a court issue a writ of garnishment. Once issued, the creditor serves the bank with the garnishment.
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.