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Notice To Defendant Of Right Against Garnishment Of Wages Money And Other Property Law 815 - Florida
| Notice To Defendant Of Right Against Garnishment Of Wages Money And Other Property Form. This is a Florida form and can be used in General Brevard Local County . |
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NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT OF WAGES, MONEY, AND OTHER PROPERTY The Writ of Garnishment delivered to you with this Notice means that wages, money, and other propertybelonging to you have been garnished to pay a court judgment against you. HOWEVER, YOU MAY BE ABLE TOKEEP OR RECOVER YOUR WAGES, MONEY, OR PROPERTY. READ THIS NOTICE CAREFULLY. State and federal laws provide that certain wages, money, and property, even if deposited in a bank, savingsand loan, or credit union, may not be taken to pay certain types of court judgments. Such wages, money, andproperty are exempt from garnishment. The major exemptions are listed below on the form for Claim of Exemptionand Request for Hearing. This list does not include all possible exemptions. You should consult a lawyer forspecific advice. TO KEEP YOUR WAGES,MONEY, AND OTHER PROPERTY FROM BEING GARNISHED, OR TO GET BACK ANYTHING ALREADY TAKEN, YOU MUST COMPLETE A FORM FOR CLAIM OF EXEMPTION AND REQUEST FOR HEARING AS SET FORTH BELOW AND HAVE THE FORM NOTARIZED. YOU MUST FILE THE FORM WITH THE CLERKS OFFICE WITHIN 20 DAYS AFTER THE DATE YOU RECEIVE THIS NOTICE OR YOU MAY LOSE IMPORTANT RIGHTS. YOU MUST ALSO MAIL OR DELIVER A COPY OF THIS FORM TO THE PLAINTIFF AND THE GARNISHEE AT THE ADDRESSES LISTED ON THE WRIT OF GARNISHMENT. If you request a hearing, it will be held as soon as possible after your request is received by the court. Theplaintiff must file any objection within 2 business days if you hand delivered to the plaintiff a copy of the form forClaim of Exemption and Request for Hearing, or, alternatively, 7 days if you mailed a copy of the form for claimand request to the plaintiff. If the plaintifffilesan obj ection to your Claim of Exemption and Request for Hearing,the clerk will notify you and the other parties of the time and date of the hearing. You may attend the hearing withor without an attorney. If the plaintiff fails to file an objection, no hearing is required, the writ of garnishment willbe dissolved and your wages, money, or property will be released. 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 SHOULDSEE A LAWYER. IF YOU CANNOTAFFORD A PRIVATE LAWYER,LEGAL SERVICES MAY BE AVAILABLE. CONTACT YOUR LOCAL BAR ASSOCIATION OR ASK THE CLERKS OFFICE ABOUT ANY LEGAL SERVICES PROGRAM IN YOUR AREA. CLAIM OF EXEMPTION AND REQUEST FOR HEARING I claim exemptions from garnishment under the following categories as checked: 1. Head of family wages. (You must check a. or b. below) a. I provide more than one-half of the support for a child or other dependent and have net earnings of $500 or less per week. b. I provide more than one-half of the support for a child or other dependent, have net earnings of more than $500 per week, but have not agreed in writing to have my wages garnished. 2. SocialSecurity benefits. 3. Supplemental Security Income benefits. 4. Public assistance (welfare). 5. Workers Compensation. 6. Unemployment Compensation. 7. Veterans benefits. 8. Retirement or profit-sharing benefits or pension money. 9. Life insurance benefits or cash surrender value of a life insurance policy or proceeds of annuity contract. 10. Disability income benefits. 11. Prepaid College Trust Fund or Medical Savings Account. 12. Other exemptions as provided by law (explain) LAW 815 (NEW 06/02) <<<<<<<<<********>>>>>>>>>>>>> 2 I request a hearing to decide the validity of my claim. Notice of the hearing should be given to me at: Address: City, State, Zip Code: Telephone Number: ( ) The statements made in this request are true to the best of my knowledge and belief. Defendants Signature Date STATE OF FLORIDA COUNTYOF __________________________ Sworn and subscribed to before me this ________ day of ______________________________, 20______, by __________________________________________________________ Notary Public/Deputy Clerk Personally Known ____ OR ProducedIdentification ____ Type of Identification Produced _________________ ___________________________________________________________________________________________________.LAW 815 (NEW 06/02)
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