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Writ Of Continuing Garnishment Against Salary Or Wages - Florida
| Writ Of Continuing Garnishment Against Salary Or Wages Form. This is a Florida form and can be used in General Polk Local County . |
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IN THE COUNTY COURT OF POLK COUNTY, FLORIDA CIVIL DIVISION CASE NO. ____________________ Plaintiff vs. Defendant and Garnishee. ________________________________________________/ WRIT OF CONTINUING GARNISHMENT AGAINST SALARY OR WAGES THE STATE OF FLORIDA To Each Sheriff of the State: YOU ARE COMMANDED to summon the garnishee, __________________________________ _________________________________________________________________________________, at Garnishee is required to serve an answer to this writ on the above address. _______________________________________________________________, plaintiff or plaintiff's attorney, at above address within (20) days after service on the garnishee, exclusive of the day of service, and file the original with the Clerk of this Court either before service on the plaintiff or plaintiff's attorney or immediately thereafter. The answer shall state whether the Garnishee is the employer of the defendant, ________________________________________________________________________, and whether the garnishee is indebted to the defendant by reason of salary or wages. The garnishee's answer shall specify the periods of payment (for example, weekly, biweekly, or monthly) and amount of salary or wages and be based on the defendant's earnings for the pay period during which this writ is served on the garnishee. During each pay period, a portion of the defendant's salary or wages as it becomes due shall be held and not disposed of or transferred until further order of this court. The amount of salary or wages to be withheld for each pay period shall be made in accordance with the following paragraph. This writ shall continue until the plaintiffs judgment is paid in full or until otherwise provided by court order. American LegalNet, Inc. www.FormsWorkFlow.com Case No. ____________________________ WRIT OF CONTINUING GARNISHMENT, page 2 Federal law (15 U.S.C. ยงยง 1671-1673) limits the amount to be withheld from salary or wages to no more than 25% of any individual defendant's disposable earnings (the part of earnings remaining after the deduction of any amounts required by law to be deducted) for any pay period or to no more than the amount by which the individual's disposable earnings for the pay period exceed 30 times the federal minimum hourly wage, whichever is less. For administrative costs, the garnishee may collect $5.00 against the salary or wages of the defendant for the first deduction and $2.00 for each deduction thereafter. The total amount of the final judgment outstanding as set out in the plaintiff's motion is $________________. FAILURE TO FILE AN ANSWER WITHIN THE TIME REQUIRED MAY RESULT IN THE ENTRY OF JUDGMENT AGAINST THE GARNISHEE FOR THE ABOVE AMOUNT. DATED this ______ day of __________________, ______. _________________________________ JUDGE OF THE COUNTY COURT - OR RICHARD M. WEISS, CLERK Circuit & County Courts P O Box 9000, Drawer CC-12 Bartow, FL 33831-9000 Phone 863-534-4556 By_______________________________ Deputy Clerk American LegalNet, Inc. www.FormsWorkFlow.com
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