How to set aside the continuing writ of garnishment issued by the court?

[sullivan89]

What is the name of your state? Florida
I have a judgment against me from a creditor. However I did not respond to my wage garnishment notices (under Section 222.11, 77.041, 77.055) in a timely manner, so the creditor started garnishing my wages at 25% weekly from my employer, for the last two months. I am a single parent, taking full care of my two small children and they are my dependants in my tax returns, and they stay in my home permanently. Can I file a claim of head of family exemption with the clerk of courts now (that is, after the continuing writ of garnishment issued by the court to my employer and my 25% salary is going to creditor for last 2 months) to have a hearing with the court to revert or set aside that continuing writ of garnishment? How to proceed?

 

[adjusterjack]

Can I file a claim of head of family exemption

Yes.

Interesting that you list 77.041 in your post. That's the section that addresses the exemption for head of the family.

Did you read it? If not, then read it now. You could have filed for the exemption two months ago.

Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us)

 

[Zigner]

Yes.

Interesting that you list 77.041 in your post. That's the section that addresses the exemption for head of the family.

Did you read it? If not, then read it now. You could have filed for the exemption two months ago.

Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us)

The OP is of the opinion that s/he is outside the time-limit for filing for the exemption. Can you address that? Your link implies that a late filing won't be accepted.

 

[AlmostThere]

Have you considered talking to your creditor and setting up a payment plan? Taking out a loan to pay off the debt at a slower pace?

 

[adjusterjack]

I didn't catch that. Not completely awake yet.

However I did not respond to my wage garnishment notices (under Section 222.11, 77.041, 77.055) in a timely manner,

I suggest you file for it anyway. Couldn't hurt.

 

[sullivan89]

If the continuing writ of garnishment issued by the court against a person who is not head of family, but later on (say, after a year or so) that person becomes head of family (due to child birth or adopting a child) then can that person proceed to claim his changed status (as head of family) and be successful? If the answer is yes then I can also do the same.



Anyway I will file a motion with the court claiming my head of family status, thank you.

 

[Zigner]

If the continuing writ of garnishment issued by the court against a person who is not head of family, but later on (say, after a year or so) that person becomes head of family (due to child birth or adopting a child) then can that person proceed to claim his changed status (as head of family) and be successful? If the answer is yes then I can also do the same.

I'm not saying you're wrong...but that is faulty logic. Your situation would not be that of a person who had a change in their circumstance.

Anyway I will file a motion with the court claiming my head of family status, thank you.

Can't hurt - best of luck!