A Florida Claim of Exemption And Request For Hearing is a legal form that is used in the state of Florida to protect the property of a debtor from being seized by a creditor. This form allows the debtor to assert a legal right to keep certain property, such as a car or home, from the creditor or other entities. The debtor must fill out the form and file it with the court, along with a request for a hearing to determine the validity of the claim. In Florida, there are two main types of Claim of Exemption And Request For Hearing: Homestead Exemption and Motor Vehicle Exemption. Both are used to protect certain types of property from being taken by creditors. The Homestead Exemption protects a debtor's primary residence from being taken by creditors, while the Motor Vehicle Exemption protects a debtor's car or other motor vehicle from being taken.
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
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.
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.
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 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.
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.
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.