Writ Of Garnishment {Law 132}

IN THE DIVISION: CIVIL COURT, EIGHTEENTH JUDICIAL CIRCUIT, BREVARD COUNTY, FLORIDA 05 - XXXX-XX CASE NUMBER PLAINTIFF CLOCK IN DEFENDANT GARNISHEE WRIT OF GARNISHMENT TO THE STATE OF FLORIDA: To all and Singular the Sheriffs of the State: YOU ARE COMMANDED to summon the garnishee, to serve an answ er to this w rit on , plaintiff/plaintiff' s attorney, w hose address is , w ithin 20 days after service on the garnishee, exclusive of the day of service, and to file the original w ith the Clerk of the Court either before service on the attorney or immediately thereafter, stating w hether the garnishee is indebted to defendant, at the time of the answ er or w as indebted at the time of service of the Writ, or at any time betw een such times, and in w hat sum and w hat tangible and intangible personal property of the defendant the garnishee is in possession or control of at the time of the answ er or had at the time of service of this Writ, or at any time betw een such times, and w hether the garnishee know s of any other person indebted to the defendant or w ho may be in possession or control of any of the property of the defendant. The amount set in plaintiff' s motion is $ . Mailing Address: Brevard County Clerkof Courts P. O. Box 219 Titusville, FL 32781-0219 FAILURE TO FILE AN ANSWER WITHIN THE TIME REQUIRED MAY RESULT IN THE ENTRY OF A JUDGMENT AGAINST THE GARNISHEE FOR THE ABOVE TOTAL AMOUNT OF $ . WITNESS my hand and Official Seal on the ______ day of ________________, 20 ____, in Brevard County, Florida. BY BREVARD COUNTY CLERK OF COURTS DC LAW 132 Rev. 04-26-2013 BAR CODE LABEL American LegalNet, Inc. www.FormsWorkFlow.com HEARING INFORMATION DATE TIME PLACE JUDGE REQUEST FOR ACCOMMODATIONS BY PERSONS WITH DISABILITIES: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Court Administration at The Moore Justice Center, 2825 Judge Jamieson Way, 3rd Floor, Viera, FL 32940-8006, (321)633-2171 ext. 2, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. IMPORTANT NOTICE Federal Wage Garnishment Law Effective July 1,1970 (For Attachment to Garnishment Order) The garnishment restrictions of Title III of the Consumer Credit Protection Act (15 U.S.C. 1673) provide that no court of the United States or of any State may make, execute, or enforce any order or process w hich provides for the garnishment of the aggregate disposable earnings of any individual for any w orkw eek in an amount w hich is in excess of the lesser of the follow ing restrictions: (1) 25 percent of the individual' s disposable earnings for the w orkw eek, or (2) the amount by w hich his disposable earnings for that w eek exceed 30 times the minimum w age under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1) ). These restrictions do not apply in the case of (1) Court orders for the support of any person, (2) Court orders under Chapter XIII of the Bankruptcy Act, and (3) Any debt due for any State or Federal Tax. " Disposable earnings" is compensation paid or payable for personal services less any amounts required to be w ithheld by law . The law also prohibits an employer from discharging any employee because his earnings have been subjected to garnishment for any one indebtedness. The term " one indebtedness" refers to a single debt, regardless of the number of levies made or creditors seeking satisfaction. Whoever w illfully violates the discharge provisions of this law may be prosecuted criminally and fined up to $1000.00, or imprisoned for not more than one year, or both. A section or provision of the State law that requires a larger amount to be garnished than the Federal law permits is considered preempted by the Federal law . On the other hand, the State law provision is to be applied if it results in a smaller garnishment amount. Information regarding the Federal Wage Garnishment Law may be obtained from any office of Wage and Hour Division, U.S. Department of Labor. Room 14, Romark Building 3521 W. Brow ard Boulevard Fort Lauderdale, FL 33312 Room 552, New Federal Building 400 West Bay Street, Box 35047 Jacksonville, FL 32202 Room 309, Orlando Professional Center 22 West Lake Beauty Drive P. O. Box 8024-A Orlando, FL 32806 NOTICE TO THE EMPLOYER: Pursuant to this Writ of Garnishment you must report to this Court ALL sums due from you to the Defendant. How ever, you should only retain and w ithhold 25% of such sums for disposition as the Court may Order. You should pay the other 75% to the employee as you ordinarily w ould. For further details, read the above notice carefully. LAW 132 Rev. 11-15-2012 American LegalNet, Inc. www.FormsWorkFlow.com Room 1527, Federal Office Building 51 S.W. First Avenue Miami, FL 33130 Room 505, New Federal Building 500 Zack Street Tampa, FL 33602 NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT OF WAGES, MONEY, AND OTHER PROPERTY The Writ of Garnishment delivered to you w ith this Notice means that w ages, 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 law s provide that certain w ages, money, and property, even if deposited in a bank, savings and loan, or credit union, may not be taken to pay certain types of court judgments. Such w ages, money, and property are exempt from garnishment. The major exemptions are listed below on the form for Claim of Exemption and Request for Hearing. This list does not include all possible exemptions. You should consult a law yer 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 OF EXEMPTION AND REQUEST FOR HEARING AS SET FORTH BELOW AND HAVE THE FORM NOTARIZED. YOU MUST FILE THE FORM WITH THE CLERK' S 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 w ill be held as soon as possible after your request is receiv