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Author Topic: Claim of Exemption & request for hearing form  (Read 13849 times)
Dragon
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« on: August 23, 2006, 11:08:34 PM »

Here is the form for claiming exemptions and asking for a hearing. I didn't format it, and don't see how to upload an attachment.
Dragon
###


IN THE CIRCUIT COURT OF THE _____________ JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR ________________, FLORIDA


In re the exemption of:

NAME,
      Petitioner,                           Case No.:
   
           vs.                                                           Judge

NAME,
      Respondent.            Division


CLAIM OF EXEMPTION AND REQUEST FOR HEARING BY LAW

I claim exemptions from garnishment, by statute, under the following categories as checked:

______   1.  Head of family wages. (You must check a. or b. below.)
_____   a. I provide more than one-half of the support for a child or other dependent and have net earnings of $500 or less per week.
______   b. I provide more than one-half of the support for a child or other dependent, have net earnings of more than $500 per week, but have not agreed in writing to have my wages garnished.
_____   2.  Social Security benefits.
_____   3.  Supplemental Security Income benefits.
_____   4.  Public assistance (welfare).
_____   5.  Workers' Compensation.
_____   6.  Unemployment Compensation.
_____   7.  Veterans' benefits.
_____   8.  Retirement or profit-sharing benefits or pension money.
_____   9.  Life insurance benefits or cash surrender value of a life insurance policy or proceeds of annuity contract.
_____   10.  Disability income benefits.
_____   11.  Prepaid College Trust Fund or Medical Savings Account.
______   12.  Other exemptions as provided by law:

I request a hearing forthwith to decide the validity of my claim, as required by law.

Notice of the hearing should be given to me at:
Name:
Address:
Telephone number:

The statements made in this request are true to the best of my knowledge and belief.


________________________________________
Defendant's signature

Date_____________________________________

STATE OF FLORIDA
COUNTY OF ______________:

Sworn and subscribed to before me this __________ day of __________2006, by

 ______________________________

Notary Public/Deputy Clerk

Personally Known __________OR Produced Identification_____

Type of Identification Produced___________________________

                           
__________________
Name
Address, Phone No.

CERTIFICATE OF SERVICE
I, _________________, do HEREBY CERTIFY that a true and correct copy of the foregoing claim of exemption was served by mail to: Attorneys of record; Fla. Dept of State, Tallahassee, FL.
Dated this __________ day of _____________________2006.
                         
Signature, Name, Address, Phone number
         
CC:    Judge
   Clerk of Court
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fraudfighter
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« Reply #1 on: August 24, 2006, 12:44:01 PM »

Quote from: "Dragon"
Here is the form for claiming exemptions and asking for a hearing. I didn't format it, and don't see how to upload an attachment.
Dragon
###


IN THE CIRCUIT COURT OF THE _____________ JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR ________________, FLORIDA


In re the exemption of:

NAME,
      Petitioner,                           Case No.:
   
           vs.                                                           Judge

NAME,
      Respondent.            Division


CLAIM OF EXEMPTION AND REQUEST FOR HEARING BY LAW

I claim exemptions from garnishment, by statute, under the following categories as checked:

______   1.  Head of family wages. (You must check a. or b. below.)
_____   a. I provide more than one-half of the support for a child or other dependent and have net earnings of $500 or less per week.
______   b. I provide more than one-half of the support for a child or other dependent, have net earnings of more than $500 per week, but have not agreed in writing to have my wages garnished.
_____   2.  Social Security benefits.
_____   3.  Supplemental Security Income benefits.
_____   4.  Public assistance (welfare).
_____   5.  Workers' Compensation.
_____   6.  Unemployment Compensation.
_____   7.  Veterans' benefits.
_____   8.  Retirement or profit-sharing benefits or pension money.
_____   9.  Life insurance benefits or cash surrender value of a life insurance policy or proceeds of annuity contract.
_____   10.  Disability income benefits.
_____   11.  Prepaid College Trust Fund or Medical Savings Account.
______   12.  Other exemptions as provided by law:

I request a hearing forthwith to decide the validity of my claim, as required by law.

Notice of the hearing should be given to me at:
Name:
Address:
Telephone number:

The statements made in this request are true to the best of my knowledge and belief.


________________________________________
Defendant's signature

Date_____________________________________

STATE OF FLORIDA
COUNTY OF ______________:

Sworn and subscribed to before me this __________ day of __________2006, by

 ______________________________

Notary Public/Deputy Clerk

Personally Known __________OR Produced Identification_____

Type of Identification Produced___________________________

                           
__________________
Name
Address, Phone No.

CERTIFICATE OF SERVICE
I, _________________, do HEREBY CERTIFY that a true and correct copy of the foregoing claim of exemption was served by mail to: Attorneys of record; Fla. Dept of State, Tallahassee, FL.
Dated this __________ day of _____________________2006.
                         
Signature, Name, Address, Phone number
         
CC:    Judge
   Clerk of Court



The judgment creditor is supposed to include this form when they mail you the first notice to defendant on their garnishment proceeding.
You take it to the clerk's office and have a clerk take your sworn statement of claim and then notarize this claim form.
You then serve it on the judgment creditor.
If you hand deliver it, they have only 3 days to serve a denial of the claim. Their garnishment proceeeding ends without a timely denial.
You should then file a motion for Final Judgment on Claim of Exemption to prevent them from filing another garnishment proceeding.
If you serve by mail, they get the extra five days, so that they have 8 days to serve their denial which forces a hearing where you have the burden of proof of your claim for exemption.

So, try to hand deliver and leave them 3 days.
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Dragon
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« Reply #2 on: August 24, 2006, 08:56:38 PM »

Yes, the new law is 3 days, not 2 as before. If not responded to within the statutory time period, the writ is automatically cancelled.
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fraudfighter
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« Reply #3 on: August 25, 2006, 08:45:58 AM »

Quote from: "Dragon"
Yes, the new law is 3 days, not 2 as before. If not responded to within the statutory time period, the writ is automatically cancelled.


Yes, the first one is cancelled, but they'll simply file a second one.
You have to file a motion for final judgment on your claim of exemption immediately if no timely denial is filed by the judgment creditor to finalize the claim of exemption.
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Dragon
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« Reply #4 on: September 03, 2006, 10:00:12 AM »

See the Florida Case Law section for all of the annotated statutes and cases on this issue.
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china94
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« Reply #5 on: November 25, 2006, 06:57:16 PM »

Does anyone out there have a format for response to summons, I know respond to each numbered statement, but can I claim SOL in there?
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HINA94
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« Reply #6 on: November 28, 2006, 01:07:06 PM »

Quote from: "china94"
Does anyone out there have a format for response to summons, I know respond to each numbered statement, but can I claim SOL in there?


A summons?

Don't you mean a complaint, or if small claims, statement of claim?
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HelenJames
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« Reply #7 on: July 20, 2010, 01:20:14 PM »

Something alike was discussed on the Yahoo! Answers last week, i can share a link if you want some
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