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.