help!!! claim of exemption hearing on wage garnishment.

What is the name of your state? FL

My ex and I had a credit card with a local credit union. when we divorced in 2000 I was awarded the cc - $7000.00. I have paid periodically until 2003. The credit union sued me and won the judgment. My wages have been garnished starting 2 weeks ago.

Since I am a single parent with a dependent I filled out a claim of exemption and request for hearing form and will get my day in court within 2 weeks.

My questions are: what do I need to bring to court to be prepared??? any specific papers???? what should i expect???

I live in a very small town. The manager of the credit union and the judge are good friends so I know if I am not exact with my case the judge will surely turn down my request.

all help is greatly appreciated. I have been searching 2 days for this type of forum. thank you to all.

-slap broke

[Ladynred]

If you can prove you are head of household - which means you provide more than 50% support for your dependents - then they can't garnish your wages at all. I don't know if there are any forms you need to claim HOH or not, call the court and ask. I would seriously look into that first.

If you're claiming hardship (and HOH won't work), then you need to take along a financial statement that whill show what your financial sitation is and that losing part of your salary would be a hardship.

Ladynred, thank you for replying. If you would be so kind to answer one more question.

I know the attorney for the credit union is required to mail me the necessary information about the garnishment of my wages after the process has started, but i have received nothing in the mail from anyone. I noticed the garnishment myself and got the exemption form from the courthouse.

Finally, my quest. Does the credit union have a specified time period to send me the garnishment notice along with my exemption form?? does it come certified???

thanks very much for all the help. -slap broke

[Ladynred]

I would have to look up the FL statutes, but in general, yes, there is usually a set time period in which things must be done. Not sure if it would come to you certified, it might just be 1st class mail. Its likely in the FL statutes as well.

Ladynred and any others,

I looked up the statutes and found 77.041 and 77.28 here is the link.

[url]http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0077/ch0077.htm[/url]

my quest. 77.041 (2) it states the plaintiff must notify me by 1st class mail within 5 days or mail to my employment. so far, i haven't received anything. how do i prove that it was never sent??? couldn't the credit union say they sent it and say i am lying???

77.28 could you explain this to me in "laymen's" term??? i don't quite understand it????

thank you very much. this website has been a big help.

-slap broke