Bill Text: FL H0409 | 2010 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Garnishment
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2010-04-27 - Placed on Special Order Calendar; Substituted CS/SB 492; Laid on Table, companion bill(s) passed, see CS/SB 492 (Ch. 2010-97) -HJ 01166 [H0409 Detail]
Download: Florida-2010-H0409-Comm_Sub.html
Bill Title: Garnishment
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2010-04-27 - Placed on Special Order Calendar; Substituted CS/SB 492; Laid on Table, companion bill(s) passed, see CS/SB 492 (Ch. 2010-97) -HJ 01166 [H0409 Detail]
Download: Florida-2010-H0409-Comm_Sub.html
CS/HB 409 |
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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. | ||
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10 | Be It Enacted by the Legislature of the State of Florida: | ||
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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": | ||
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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. | ||
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67 | I claim exemptions from garnishment under the following | ||
68 | categories as checked: | ||
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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 | ||
106 | week are exempt from attachment or garnishment. | ||
107 | (b) Disposable earnings of a head of a family, which are | ||
108 | greater than $750 | ||
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 in the same language as the contract or agreement to | ||
113 | 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: | ||
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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. | ||
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126 | ...(Consumer's Signature)... ...(Date Signed)... | ||
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128 | I have fully explained this document to the consumer. | ||
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130 | ...(Creditor's Signature)... ...(Date Signed)... | ||
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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 July 1, 2010. |
CODING: Words |