Florida Motion For Garnishment is a legal process used in the state of Florida to collect unpaid debts from a debtor. It is a type of wage garnishment that allows creditors to seize the debtor's wages from their employer. This process is initiated by filing a Motion for Garnishment with the court, which is then served on the debtor's employer. The employer is then required to withhold a portion of the debtor's wages and forward it to the creditor to satisfy the debt. There are three types of Florida Motion For Garnishment: garnishment for child support, garnishment for alimony, and garnishment for other debts. In a garnishment for child support, the court will order the employer to withhold a portion of the debtor's wages and forward it to the child support agency. In a garnishment for alimony, the court will order the employer to withhold a portion of the debtor's wages and forward it to the spouse who is owed the alimony. Finally, in a garnishment for other debts, the court will order the employer to withhold a portion of the debtor's wages and forward it to the creditor who is owed the debt.
Florida Motion For Garnishment
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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.
You may claim your exemptions from garnishment by filing an affidavit with the court describing the exemption and your claim to it. Your affidavit also must be sent to the judgment creditor and any attorney for the judgment creditor.
77.03 Issuance of writ after judgment. ?After judgment has been obtained against defendant but before the writ of garnishment is issued, the plaintiff, the plaintiff's agent or attorney, shall file a motion (which shall not be verified or negative defendant's exemptions) stating the amount of the judgment.
The debtor can file a motion to dismiss, or dissolve, the writ of garnishment based upon the procedural defects in the creditor's garnishment. Important: Exemptions must be claimed using the Claim of Exemption form. If you do not file the form in time you may lose the exemption.
If you're not a head of family, Florida borrows its wage garnishment rules from federal law, specifically the Consumer Credit Protection Act. This law states that creditors cannot garnish more than 25% of your wages or the amount that exceeds 30 times the minimum wage, whichever is less.
Florida's garnishment statutes provide that a bank garnishment ?times out? after six months unless the judgment creditor files a notice of extension for an additional six months.
The head of household exemption is one of the most common asset protection exemptions in Florida. The exemption is asserted as a defense to garnishment of a debtor's wages. The exemption allows a judgment debtor to exempt their earnings from garnishment, including salary, wages, commissions, or bonus.
How to Stop Wage Garnishment in Florida Review the writ of garnishment to check for any procedural mistakes. File a Claim of Exemption to assert any applicable exemptions to the wage garnishment, such as the head of household exemption.