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Here is an overview of how a claim of exemption hearing normally works: File a Claim of Exemption. Send the Claim of Exemption to the Creditor. Attend the Claim of Exemption Hearing. Show That the Property Is Exempt or That Its Necessary for Your Support.
You may claim your exemptions from garnishment by filing an affidavit with the court describing the exemption and your claim to it. Your affidavit also must be sent to the judgment creditor and any attorney for the judgment creditor.
A Claim of Exemption will notify the sheriff that the wages, funds, benefits and property which have been taken are exempt from garnishment, and the money or property should be returned to you.
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.
Head of household is not the only exemption that can be used to stop a garnishment. For instance, exemptions to garnishments may also include social security benefits, welfare, workers compensation, veterans benefits, pensions, life insurance benefits, and disability income benefits.
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