Writ Of Continuing Garnishment Against Salary Or Wages

IN THE COUNTY COURT OF POLK COUNTY, FLORIDA 001002003002004005006002003002007002bt005CASE 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 the above address. Garnishee is required to serve an answer to this writ on , plaintiff or plaintiff222s 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 plaintiff222s 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 garnishee222s answer shall specify the periods of payment (for example, weekly, biweekly, or monthly) and the amount of salary or wages and be based on the defendant222s earnings for the pay period during which this writ is served on the garnishee. During each pay period, a portion of the defendant222s 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 plaintiff222s 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. 247247 1671-1673) limits the amount to be withheld from salary or wages to no more than 25% of any individual defendant222s 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 individual222s 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 plaintiffs 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 - STACY M. BUTTERFIELD Clerk of the Circuit Court P O Box 9000, Drawer CC-12 Bartow, FL 33831-9000 Phone 863-534-4556 By Deputy Clerk American LegalNet, Inc. www.FormsWorkFlow.com