Bill Text: FL S0592 | 2013 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Garnishment

Spectrum: Bipartisan Bill

Status: (Passed) 2013-07-01 - Chapter No. 2013-233 [S0592 Detail]

Download: Florida-2013-S0592-Comm_Sub.html

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       Florida Senate - 2013                              CS for SB 592
       
       
       
       By the Committee on Commerce and Tourism; and Senator Galvano
       
       
       
       
       577-02585-13                                           2013592c1
    1                        A bill to be entitled                      
    2         An act relating to garnishment; amending s. 77.041,
    3         F.S.; revising “Notice to Defendant” provided by the
    4         clerk of court in a garnishment proceeding; providing
    5         that a defendant in a garnishment proceeding may
    6         provide notice of a garnishment exemption and request
    7         for hearing to the plaintiff’s or the garnishee’s
    8         attorney; extending the time allowed for the plaintiff
    9         or the plaintiff’s attorney to respond to the
   10         defendant’s claim of exemption and request for
   11         hearing; providing response procedures of the clerk of
   12         court and the plaintiff’s attorney when the
   13         plaintiff’s attorney is served with a notice of
   14         garnishment exemption and request for hearing;
   15         requiring the defendant to certify under oath and
   16         penalty of perjury that he or she provided notice of
   17         the garnishment exemption claim and request for
   18         hearing to the plaintiff, the garnishee, or their
   19         respective attorneys in order to obtain a hearing;
   20         repealing s. 222.12, F.S., relating to proceedings for
   21         exemption; providing an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Subsections (1) and (3) of section 77.041,
   26  Florida Statutes, are amended to read:
   27         77.041 Notice to individual defendant for claim of
   28  exemption from garnishment; procedure for hearing.—
   29         (1) Upon application for a writ of garnishment by a
   30  plaintiff, if the defendant is an individual, the clerk of the
   31  court shall attach to the writ the following “Notice to
   32  Defendant”:
   33  
   34                NOTICE TO DEFENDANT OF RIGHT AGAINST               
   35                    GARNISHMENT OF WAGES, MONEY,                   
   36                         AND OTHER PROPERTY                        
   37  
   38         The Writ of Garnishment delivered to you with this Notice
   39  means that wages, money, and other property belonging to you
   40  have been garnished to pay a court judgment against you.
   41  HOWEVER, YOU MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES, MONEY,
   42  OR PROPERTY. READ THIS NOTICE CAREFULLY.
   43         State and federal laws provide that certain wages, money,
   44  and property, even if deposited in a bank, savings and loan, or
   45  credit union, may not be taken to pay certain types of court
   46  judgments. Such wages, money, and property are exempt from
   47  garnishment. The major exemptions are listed below on the form
   48  for Claim of Exemption and Request for Hearing. This list does
   49  not include all possible exemptions. You should consult a lawyer
   50  for specific advice.
   51         IF AN EXEMPTION FROM GARNISHMENT APPLIES TO YOU AND
   52         YOU WANT TO KEEP YOUR WAGES, MONEY, AND OTHER PROPERTY
   53         FROM BEING GARNISHED, OR TO RECOVER GET BACK ANYTHING
   54         ALREADY TAKEN, YOU MUST COMPLETE A FORM FOR CLAIM OF
   55         EXEMPTION AND REQUEST FOR HEARING AS SET FORTH BELOW
   56         AND HAVE THE FORM NOTARIZED. IF YOU HAVE A VALID
   57         EXEMPTION, YOU MUST FILE THE FORM WITH THE CLERK’S
   58         OFFICE WITHIN 20 DAYS AFTER THE DATE YOU RECEIVE THIS
   59         NOTICE OR YOU MAY LOSE IMPORTANT RIGHTS. YOU MUST ALSO
   60         MAIL OR DELIVER A COPY OF THIS FORM TO THE PLAINTIFF
   61         OR THE PLAINTIFF’S ATTORNEY AND THE GARNISHEE OR THE
   62         GARNISHEE’S ATTORNEY AT THE ADDRESSES LISTED ON THE
   63         WRIT OF GARNISHMENT. NOTE THAT THE FORM REQUIRES YOU
   64         TO COMPLETE A CERTIFICATION THAT YOU MAILED OR HAND
   65         DELIVERED COPIES TO THE PLAINTIFF OR THE PLAINTIFF’S
   66         ATTORNEY AND THE GARNISHEE OR THE GARNISHEE’S
   67         ATTORNEY.
   68         If you request a hearing, it will be held as soon as
   69  possible after your request is received by the court. The
   70  plaintiff or the plaintiff’s attorney must file any objection
   71  within 8 3 business days if you hand delivered to the plaintiff
   72  or the plaintiff’s attorney a copy of the form for Claim of
   73  Exemption and Request for Hearing or, alternatively, 14 8
   74  business days if you mailed a copy of the form for claim and
   75  request to the plaintiff or the plaintiff’s attorney. If the
   76  plaintiff or the plaintiff’s attorney files an objection to your
   77  Claim of Exemption and Request for Hearing, the clerk will
   78  notify you and the other parties of the time and date of the
   79  hearing. You may attend the hearing with or without an attorney.
   80  If the plaintiff or the plaintiff’s attorney fails to file an
   81  objection, no hearing is required, the writ of garnishment will
   82  be dissolved and your wages, money, or property will be
   83  released.
   84         IF YOU HAVE A VALID EXEMPTION, YOU SHOULD FILE THE
   85         FORM FOR CLAIM OF EXEMPTION IMMEDIATELY TO KEEP YOUR
   86         WAGES, MONEY, OR PROPERTY FROM BEING APPLIED TO THE
   87         COURT JUDGMENT. THE CLERK CANNOT GIVE YOU LEGAL
   88         ADVICE. IF YOU NEED LEGAL ASSISTANCE YOU SHOULD SEE A
   89         LAWYER. IF YOU CANNOT AFFORD A PRIVATE LAWYER, LEGAL
   90         SERVICES MAY BE AVAILABLE. CONTACT YOUR LOCAL BAR
   91         ASSOCIATION OR ASK THE CLERK’S OFFICE ABOUT ANY LEGAL
   92         SERVICES PROGRAM IN YOUR AREA.
   93  
   94                       CLAIM OF EXEMPTION AND                      
   95                         REQUEST FOR HEARING                       
   96  
   97  I claim exemptions from garnishment under the following
   98  categories as checked:
   99  ....  1. Head of family wages. (Check either You must check a. or b. below, if applicable.)
  100  ....  a. I provide more than one-half of the support for a child or other dependent and have net earnings of $750 or less per week.
  101  ....  b. I provide more than one-half of the support for a child or other dependent, have net earnings of more than $750 per week, but have not agreed in writing to have my wages garnished.
  102  ....  2. Social Security benefits.                                   
  103  ....  3. Supplemental Security Income benefits.                      
  104  ....  4. Public assistance (welfare).                                
  105  ....  5. Workers’ Compensation.                                      
  106  ....  6. Reemployment assistance or unemployment compensation.       
  107  ....  7. Veterans’ benefits.                                         
  108  ....  8. Retirement or profit-sharing benefits or pension money.     
  109  ....  9. Life insurance benefits or cash surrender value of a life insurance policy or proceeds of annuity contract.
  110  ....  10. Disability income benefits.                                
  111  ....  11. Prepaid College Trust Fund or Medical Savings Account.     
  112  ....  12. Other exemptions as provided by law.....................(explain)
  113  
  114  I request a hearing to decide the validity of my claim. Notice
  115  of the hearing should be given to me at:
  116  
  117  Address: ................................
  118  Telephone number:........................
  119  
  120  I CERTIFY UNDER OATH AND PENALTY OF PERJURY that a copy of this
  121  CLAIM OF EXEMPTION AND REQUEST FOR HEARING has been furnished by
  122  (circle one)United States mail or hand delivery on ...(insert
  123  date)..., to: ...(insert names and addresses of Plaintiff or
  124  Plaintiff’s attorney and of Garnishee or Garnishee’s attorney to
  125  whom this document was furnished)....
  126  
  127  I FURTHER CERTIFY UNDER OATH AND PENALTY OF PERJURY that the
  128  statements made in this request are true to the best of my
  129  knowledge and belief.
  130  
  131  ................................
  132  Defendant’s signature
  133  Date................................
  134  
  135  STATE OF FLORIDA
  136  COUNTY OF
  137  
  138  Sworn and subscribed to before me this ........ day of ...(month
  139  and year)..., by ...(name of person making statement)...
  140  Notary Public/Deputy Clerk
  141  Personally Known ........OR Produced Identification....
  142  Type of Identification Produced....................
  143  
  144         (3) Upon the filing by a defendant of a sworn claim of
  145  exemption and request for hearing, a hearing will be held as
  146  soon as is practicable to determine the validity of the claimed
  147  exemptions. If the plaintiff or the plaintiff’s attorney does
  148  not file a sworn written statement that answers contests the
  149  defendant’s claim of exemption within 8 3 business days after
  150  hand delivering the claim and request or, alternatively, 14 8
  151  business days, if the claim and request were served by mail, no
  152  hearing is required and the clerk must automatically dissolve
  153  the writ and notify the parties of the dissolution by mail.
  154         Section 2. Section 222.12, Florida Statutes, is repealed.
  155         Section 3. This act shall take effect July 1, 2013.