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Claim Of Exemption And Request For Hearing (Garnishment Of Wages) - Florida

Claim Of Exemption And Request For Hearing (Garnishment Of Wages) Form. This is a Florida form and can be used in Civil-Small Claims Santa Rosa Local County .
 Fillable pdf Last Modified 2/28/2005
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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 property belonging to you have been garnished to pay a court judgment against you. HOWEVER, YOU MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES, MONEY, OR PROPERTY. READ THIS NOTICE CAREFULLY. State and federal laws provide that certain wages, money, and property, even ifdeposited in a back, savings and loan, or credit union, may not be taken to pay certain types ofcourt judgments. Such wages, money and property are exempt from garnishment. The majorexemptions are listed below on the form for Claim of Exemption and Request for Hearing. Thislist does not include all possible exemptions. You should consult a lawyer for specific 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 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 ADDRESSES LISTED ON THE WRIT OF GARNISHMENT. If you request a hearing, it will be held as soon as possible after your request is receivedby the court. The plaintiff must file any objection within 2 business days if you hand delivered tothe plaintiff a copy of the form for Claimof Exem ption and Request for Hearing or,alternatively, 7 days if you mailed a copy of the form for claim and request to the plaintiff. If theplaintiff files an objection to your Claim of Exemption and Request for Heaing, the clerk willnotify you and the other parties of the time and date of the hearing. You may attend the hearingwith or without an attorney. If the plaintiff fails to file an objection, no hearing is required, thewrit of garnishment will be 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 SHOULD SEE A LAWYER. IF YOU CANNOT AFFORD A PRIVATE LAWYER, LEGAL SERVICES MAY BE AVAILABLE. CONTACT YOUR LOCAL BAR SERVICES PROGRAM IN YOUR AREA. Note: If you choose to file a Claim of Exemption using the attached form, please copy theplaintiff, defendant, and case number information onto the claim form exactly as shown on theWrit. <<<<<<<<<********>>>>>>>>>>>>> 2 CLAIM OF EXEMPTION AND REQUEST FOR HEARING ___________________________ Case No. _____________________________Plaintiff vs. _____________________________ Defendant 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. Social Security 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 of Medical Savings Account. ______12. Other exemptions as provided by law. ___________________________________________________ (explain)I request a hearing to decide the validity of myclaim. Notice of hearing should be given to mea t: Address : _____________________________________________________________________Telephone Numberr: ____________________________________________________________The statements made in this request are true to the best of my knowledge and belief.I HEREBY CERTIFY that a copy of the foregoing was provided to the Plaintiff and Garnishee by: (check one of the followingforms of delivery) ______ regular United States mail or ______ hand delivery on the _______ day of ______________,20_____. _____________________________ _______________________Defendants signature . Date______________________________________________________________________________STATE OF FLORIDA COUNTY OF ________________________________ Sworn and subscribed to before me this _______ day of _______________________________,by ___________________________________________________________________________.________________________________________ Notary Public/Deputy Clerk Personally Known __________ OR Produced Identification _____________ Type of Identification Produced ___________________________________________________.
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