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Florida wage garnishment!

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paulandrewp

Junior Member
What is the name of your state (only U.S. law)? Florida
My credit card company is trying to garnish my wages; Ive filled out a "Claim of exemption and request for hearing" form. I selected the category that pertained to me "I provide more than one-half of the support for a child and other dependent, have a net earings of more than $500 per week, but have not agreed in writing to have my wages garnished". the credit card company is saying to the best of their knowledge the defendant (me) does not qualify for the exemption set forth. Now I have a court date, can anyone tell me what I can expect at the hearing?
 


dolebot

Member
There will be a lawyer on their side and perhaps the plaintiff, a judge, and yourself at the table. You will present your case to the judge and hopefully provide evidence that you do in fact qualify for that exemption.

The lawyer on the other side will present evidence that you do not qualify, and the judge will decide who is right.
 

dolebot

Member
I provide more than one-half of the support for a child and other dependent,
How do you prove that on your taxes? I'm thinking birth certs, marriage certs, a typical month of bills printout from the bank should effectively prove you support your wife and children.

Pay stubs would do just fine to prove you make a certain amount.

They are likely going to claim that you did in fact agree to wage garnishment in the credit card contract. Have you read through it?

Florida Civil Practice And Procedure Code Section 77.041 - Garnishment - Notice to individual defendant for claim of exemption from garnishment; procedure for hearing. - Florida Attorney Resources - Florida Laws
 

paulandrewp

Junior Member
Another garnishment question

Can a credit card company begin to garnish your wages before you send a "Claim of exemption and request for hearing" ? Also I just found out the credit card company who sent the garnishment papers via certified mail to my employer actually got delivered to me( meaning the sheriff had me sign for them) which was by mistake; so now I have a court date for the garnishment and the garnishment doesnt really exsist because my employer hasnt received any paperwork! Any Ideas as to what im supposed to do?
 

dolebot

Member
They sent a CC to you. Your employer probably received them at the same time.


garnishment doesnt really exsist because my employer hasnt received any paperwork
The garnishment exists, if your employer hasn't received them yet - its still there, just hasn't been executed.

What are the papers delivered by the sheriff?
 

paulandrewp

Junior Member
Cont.

the papers from the sheriff were supposed to go to my employer that was the writ of garnishment but you see i signed for them instead so my employer never saw them! What a mess to explain!
 

dolebot

Member
the papers from the sheriff were supposed to go to my employer that was the writ of garnishment but you see i signed for them instead so my employer never saw them! What a mess to explain!
Usually the sheriff serves the employer, and CC's the judgment debtor with the same paper. Have you contacted your employer to see if that happened?
 

TigerD

Senior Member
Can a credit card company begin to garnish your wages before you send a "Claim of exemption and request for hearing" ? Also I just found out the credit card company who sent the garnishment papers via certified mail to my employer actually got delivered to me( meaning the sheriff had me sign for them) which was by mistake; so now I have a court date for the garnishment and the garnishment doesnt really exsist because my employer hasnt received any paperwork! Any Ideas as to what im supposed to do?
If you intercepted legal papers intended for your employer -- you may be in some serious trouble. You need to turn those papers over to your employer.

DC
 
?

Were you at your employers addres when those papers were served to you? or were you at your address when the sherif served them to you?
 

TinkerBelleLuvr

Senior Member
http://law.justia.com/florida/codes/TitleVI/ch0077.html

They can start the garnishment (employer), but they must hold the monies until the judge decides that the garnishment can go thru, or that they will motion for the garnishment will be dismissed.

Bring to court everything you have showing that you are head of household. But, do not bring the child; children are not allowed in court.
 

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