Stopping A Florida Garnishment - County Court In And For Miami-Dade County printable pdf download

Stopping A Florida Garnishment - County Court In And For Miami-Dade County

Stopping a Florida Garnishment

Using the "Head of Family" Exemption

Introduction: If a judgment is entered against you by a court, your wages or bank account may be

taken from you to pay the judgment. This is called "garnishment". BUT, if you are a "head of family"

you are exempt and a garnishment can be stopped. A "head of family" is defined to be someone who

provides more that one half of the support for a child or other dependent. This packet contains the

forms that you will need to claim the exemption and stop a garnishment. On the last page is a copy of

the law.

INSTRUCTIONS

Fill in the blanks on the two attached forms ("Affidavit" and "Claim of Exemption"

Sign both the in the presence of a notary public

At the bottom of both documents is a “Certificate of Service”. Fill in the blanks and then sign

your name (this tells the court that you sent a copy to the lawyer doing the garnishment).

Make 2 copies of each document.

Mail the original of both documents to the Clerk of the Court.

Mail a copy of both documents to the lawyer doing the garnishment.

Keep the other copies for your records.

After the forms are submitted the Clerk gives notice to the party that is doing the garnishment. If the

facts in the affidavit are not denied under oath within 2 business days after the delivery of the

documents to that party the garnishment is stopped by the Clerk. If the facts stated in the affidavit are

denied a hearing will be scheduled before the judge (the only issue at the hearing will be whether or

not you are a "head of family" as claimed)

Stopping A Florida Garnishment - County Court In And For Miami-Dade County