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Author Topic: Claim of Exemption Hearing  (Read 26458 times)
Dolphin
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« on: January 03, 2014, 09:41:26 AM »

Hello Everyone,

I filed a claim of exemption to a writ of garnishment I received here in Florida, I then received an opposition answer filed by the plaintiff stating they deny my allegation set forth in the Claim of Exemption and states the retained funds are not exempt property. My 15 minute hearing is set for Jan. 23rd.

My question is what to expect at the hearing, do I need to bring proof to defend myself? If so what do you think I need to bring for the judge to see. Or is it enough that I filed the Claim of Exemption and the hearing is more like a question and answer type thing. I just don’t know what to expect and I certainly want to be prepared! I am a sole proprietor, head of household, and my wife is disabled and does not work.

My bank account is under my business name and is the only account I have. When they garnished my acct. it shut down my business. I cannot deposit money nor take money out to operate my business or living reasons. Any help would be greatly appreciated.
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cmart56
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« Reply #1 on: January 11, 2014, 11:44:30 PM »

The claim for exemption hearing is an evidentiary hearing.So yes,I would bring all documentation supporting your claim for exemptions,whatever these may be, since you did not specify.Remember, only wages are generally exempt from garnishment-provided you can cite an exemption.Bank accounts generally are not exempt unless you can show the monies in said account are from wages or other protected funds like social security benefits etc. For case law supporting your claim,visit the law library and request a publication titled Florida Law Weekly,and in particular the publication section that is called supplement,should your case be in small claims court or county court.This publication has a plethora of cases going back to the 1990's thru the present, on garnishment.The publication covers cases from all Florida circuits.You might also want to google Alper law,and visit this attorney's website for very valuable information about garnishment and asset protection.This attorney's name is Jonathan Alper and publishes a wealth of information on his site.He is in the Orlando Florida area.I hope this helps. 
« Last Edit: January 11, 2014, 11:48:02 PM by cmart56 » Logged
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