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Claim of exemption and request for hearing - pursuant to f.s. 77.041 - pinellasclerk

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The document is a legal form used in Pinellas County, Florida, for defendants to claim exemptions from wage garnishment under various categories such as head of family wages, social security benefits, and other specified benefits. It includes a request for a hearing to validate the claim and requires the defendant's signature, address, and notary acknowledgment.

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What is an exemption hearing?

At the hearing, youll have to convince the judge that your property is exempt or that you need it to support yourself or your family. This is your opportunity to defend yourself from having your wages or other property taken. You must do all that you can to prepare for this hearing if you want to keep your property.

How do I claim exemption from writ of garnishment in Florida?

IF AN EXEMPTION FROM GARNISHMENT APPLIES TO YOU AND YOU WANT TO KEEP YOUR WAGES, MONEY, AND OTHER PROPERTY FROM BEING GARNISHED, OR TO RECOVER 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.

What is a motion for writ of garnishment in Florida?

Understanding Writ of Garnishment in Florida The statute provides that a creditor begins the garnishment process by filing a short motion with the court (Motion for Writ of Garnishment) and paying fees and deposits to the clerk of court. The clerk then issues the writ.

What is a motion to dissolve the writ of garnishment?

A Motion to Dissolve is a motion that requests an order dissolving the garnishment for reasons that you state in the motion, usually the fact that you are exempt. State in the motion why you are exempt and attach proof (black out personal information on the copy that is filed like your social security number.

What is exempt from a judgement in Florida?

The most important exemption from creditors in Florida is the Florida homestead exemption. The homestead exemption is in the Florida Constitution. Floridas homestead law protects up to 1/2 acre of real property in a city and up to 160 acres in an unincorporated county from property liens and forced sale.

How do you prove head of household exemption in Florida?

The debtor has the legal burden to prove at a court hearing that they qualify for a head of household exemption from wage garnishment. Proving a head of household exemption in Florida requires documentation such as prior income tax returns, pay stubs, and W2 statements for all income-earners in the household.

How long does a writ of garnishment last in Florida?

(5) If the plaintiff fails to file a dismissal or motion for final judgment within 6 months after filing the writ of garnishment, the writ shall automatically be dissolved and the garnishee shall be discharged from further liability under the writ.

How to stop a writ of garnishment in Florida?

File a motion to dissolve writ of garnishment, pointing out any procedural mistakes with the Florida wage garnishment statute. Mail a copy of the claim of exemption form and the motion to dissolve to the judgment creditors attorney.

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What is an exemption hearing?

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How do you prove head of household exemption in Florida?

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