| 1 | A bill to be entitled |
| 2 | An act relating to garnishment; amending s. 77.041, F.S.; |
| 3 | increasing the amount of wages of a head of family that is |
| 4 | exempt from garnishment; amending s. 222.11, F.S.; |
| 5 | increasing the amount of wages of a head of family that is |
| 6 | exempt from garnishment; providing a form that must be |
| 7 | used for an agreement to waive the exemption from |
| 8 | garnishment; providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Subsection (1) of section 77.041, Florida |
| 13 | Statutes, is amended to read: |
| 14 | 77.041 Notice to individual defendant for claim of |
| 15 | exemption from garnishment; procedure for hearing.- |
| 16 | (1) Upon application for a writ of garnishment by a |
| 17 | plaintiff, if the defendant is an individual, the clerk of the |
| 18 | court shall attach to the writ the following "Notice to |
| 19 | Defendant": |
| 20 | NOTICE TO DEFENDANT OF RIGHT AGAINST |
| 21 | GARNISHMENT OF WAGES, MONEY, |
| 22 | AND OTHER PROPERTY |
| 23 | The Writ of Garnishment delivered to you with this Notice |
| 24 | means that wages, money, and other property belonging to you |
| 25 | have been garnished to pay a court judgment against you. |
| 26 | HOWEVER, YOU MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES, MONEY, |
| 27 | OR PROPERTY. READ THIS NOTICE CAREFULLY. |
| 28 | State and federal laws provide that certain wages, money, |
| 29 | and property, even if deposited in a bank, savings and loan, or |
| 30 | credit union, may not be taken to pay certain types of court |
| 31 | judgments. Such wages, money, and property are exempt from |
| 32 | garnishment. The major exemptions are listed below on the form |
| 33 | for Claim of Exemption and Request for Hearing. This list does |
| 34 | not include all possible exemptions. You should consult a lawyer |
| 35 | for specific advice. |
| 36 | TO KEEP YOUR WAGES, MONEY, AND OTHER PROPERTY FROM BEING |
| 37 | GARNISHED, OR TO GET BACK ANYTHING ALREADY TAKEN, YOU MUST |
| 38 | COMPLETE A FORM FOR CLAIM OF EXEMPTION AND REQUEST FOR HEARING |
| 39 | AS SET FORTH BELOW AND HAVE THE FORM NOTARIZED. YOU MUST FILE |
| 40 | THE FORM WITH THE CLERK'S OFFICE WITHIN 20 DAYS AFTER THE DATE |
| 41 | YOU RECEIVE THIS NOTICE OR YOU MAY LOSE IMPORTANT RIGHTS. YOU |
| 42 | MUST ALSO MAIL OR DELIVER A COPY OF THIS FORM TO THE PLAINTIFF |
| 43 | AND THE GARNISHEE AT THE ADDRESSES LISTED ON THE WRIT OF |
| 44 | GARNISHMENT. |
| 45 | If you request a hearing, it will be held as soon as |
| 46 | possible after your request is received by the court. The |
| 47 | plaintiff must file any objection within 3 business days if you |
| 48 | hand delivered to the plaintiff a copy of the form for Claim of |
| 49 | Exemption and Request for Hearing or, alternatively, 8 business |
| 50 | days if you mailed a copy of the form for claim and request to |
| 51 | the plaintiff. If the plaintiff files an objection to your Claim |
| 52 | of Exemption and Request for Hearing, the clerk will notify you |
| 53 | and the other parties of the time and date of the hearing. You |
| 54 | may attend the hearing with or without an attorney. If the |
| 55 | plaintiff fails to file an objection, no hearing is required, |
| 56 | the writ of garnishment will be dissolved and your wages, money, |
| 57 | or property will be released. |
| 58 | YOU SHOULD FILE THE FORM FOR CLAIM OF EXEMPTION IMMEDIATELY TO |
| 59 | KEEP YOUR WAGES, MONEY, OR PROPERTY FROM BEING APPLIED TO THE |
| 60 | COURT JUDGMENT. THE CLERK CANNOT GIVE YOU LEGAL ADVICE. IF YOU |
| 61 | NEED LEGAL ASSISTANCE YOU SHOULD SEE A LAWYER. IF YOU CANNOT |
| 62 | AFFORD A PRIVATE LAWYER, LEGAL SERVICES MAY BE AVAILABLE. |
| 63 | CONTACT YOUR LOCAL BAR ASSOCIATION OR ASK THE CLERK'S OFFICE |
| 64 | ABOUT ANY LEGAL SERVICES PROGRAM IN YOUR AREA. |
| 65 | CLAIM OF EXEMPTION AND |
| 66 | REQUEST FOR HEARING |
| 67 | I claim exemptions from garnishment under the following |
| 68 | categories as checked: |
| 69 |
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| | | _____ | 1. Head of family wages. (You must check a. or b. below.) |
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| 70 |
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| | | _____ | a. I provide more than one-half of the support for a child or other dependent and have net earnings of $750 $500 or less per week. |
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| 71 |
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| | | _____ | b. I provide more than one-half of the support for a child or other dependent, have net earnings of more than $750 $500 per week, but have not agreed in writing to have my wages garnished. |
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| 72 |
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| | | _____ | 2. Social Security benefits. |
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| 73 |
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| | | _____ | 3. Supplemental Security Income benefits. |
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| 74 |
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| | | _____ | 4. Public assistance (welfare). |
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| 75 |
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| | | _____ | 5. Workers' Compensation. |
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| 76 |
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| | | _____ | 6. Unemployment Compensation. |
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| 77 |
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| | | _____ | 7. Veterans' benefits. |
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| 78 |
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| | | _____ | 8. Retirement or profit-sharing benefits or pension money. |
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| 79 |
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| | | _____ | 9. Life insurance benefits or cash surrender value of a life insurance policy or proceeds of annuity contract. |
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| 80 |
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| | | _____ | 10. Disability income benefits. |
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| 81 |
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| | | _____ | 11. Prepaid College Trust Fund or Medical Savings Account. |
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| 82 |
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| | | _____ | 12. Other exemptions as provided by law. ________________________________________(explain) |
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| 83 |
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| 84 | I request a hearing to decide the validity of my claim. Notice |
| 85 | of the hearing should be given to me at: |
| 86 | Address: ________________________________________ |
| 87 | Telephone number:______________________________ |
| 88 | The statements made in this request are true to the best of my |
| 89 | knowledge and belief. |
| 90 | ________________________________________ |
| 91 | Defendant's signature |
| 92 | Date________________________________________ |
| 93 | STATE OF FLORIDA |
| 94 | COUNTY OF |
| 95 | Sworn and subscribed to before me this __________ day of |
| 96 | ...(month and year)..., by ...(name of person making |
| 97 | statement)... |
| 98 | Notary Public/Deputy Clerk |
| 99 | Personally Known __________OR Produced Identification_____ |
| 100 | Type of Identification Produced_________________________ |
| 101 | Section 2. Subsection (2) of section 222.11, Florida |
| 102 | Statutes, is amended to read: |
| 103 | 222.11 Exemption of wages from garnishment.- |
| 104 | (2)(a) All of the disposable earnings of a head of family |
| 105 | whose disposable earnings are less than or equal to $750 $500 a |
| 106 | week are exempt from attachment or garnishment. |
| 107 | (b) Disposable earnings of a head of a family, which are |
| 108 | greater than $750 $500 a week, may not be attached or garnished |
| 109 | unless such person has agreed otherwise in writing. The |
| 110 | agreement to waive the protection provided by this paragraph |
| 111 | must: |
| 112 | 1. Be written in the same language as the contract or |
| 113 | agreement to which the waiver relates. |
| 114 | 2. Be contained in a separate document attached to the |
| 115 | contract or agreement. |
| 116 | 3. Be in substantially the following form in at least 14- |
| 117 | point type: |
| 118 |
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| 119 | IF YOU PROVIDE MORE THAN ONE-HALF OF THE SUPPORT FOR A |
| 120 | CHILD OR OTHER DEPENDENT, ALL OR PART OF YOUR INCOME IS |
| 121 | EXEMPT FROM GARNISHMENT UNDER FLORIDA LAW. YOU CAN WAIVE |
| 122 | THIS PROTECTION ONLY BY SIGNING THIS DOCUMENT. BY SIGNING |
| 123 | BELOW, YOU AGREE TO WAIVE THE PROTECTION FROM |
| 124 | GARNISHMENT. |
| 125 |
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| 126 | ...(Consumer's Signature)... ...(Date Signed)... |
| 127 |
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| 128 | I have fully explained this document to the consumer. |
| 129 |
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| 130 | ...(Creditor's Signature)... ...(Date Signed)... |
| 131 |
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| 132 | In no event shall The amount attached or garnished may not |
| 133 | exceed the amount allowed under the Consumer Credit Protection |
| 134 | Act, 15 U.S.C. s. 1673. |
| 135 | (c) Disposable earnings of a person other than a head of |
| 136 | family may not be attached or garnished in excess of the amount |
| 137 | allowed under the Consumer Credit Protection Act, 15 U.S.C. s. |
| 138 | 1673. |
| 139 | Section 3. This act shall take effect October 1, 2010. |
