Fillable INSTRUCTIONS TO GARNISHEE (Employer) NONSUPPORT PAYMENTS* (Pinellas County Clerk of the Circuit Court and Comptroller)

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INSTRUCTIONS TO GARNISHEE (Employer) NONSUPPORT PAYMENTS* (Pinellas County Clerk of the Circuit Court and Comptroller)

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INSTRUCTIONS TO GARNISHEE (Employer)
NONSUPPORT PAYMENTS*
The Continuing Writ of Garnishment served upon you as the effect of attaching a portion of the (employee’s) Defendant’s
pay for all pay periods beginning the date that the Writ was served. The Writ requires the employer to set aside that
portion of the Defendant’s earnings (defined as compensation for personal services) whether designated as wages or
salary which is not exempt from garnishment until the amount set forth in Plaintiff’s Motion is paid or until otherwise
ordered by the Court.
The answer form is provided for your convenience. It is designed so that the answer may be prepared in conjunction
with the preparation of your payroll. You may wait until the end of the normal pay period (so long as the 20-day time
limit is met) and apply the tests set forth in these instructions. If you do not choose to use this form, your answer must
contain at least the information included in the answer form. YOUR ANSWER MUST BE FILED WITH THE CLERK
OF THE COURT WITHIN 20 DAYS OF SERVICE OF THE WRIT.
DISPOSABLE EARNINGS are defined as gross earning less all deductions required by law. Allowable deductions include
payroll taxes and Court-ordered support deductions but excludes credit union deductions, insurance payments and other
voluntary payments.
Effective September 1, 1997
1. If the Defendant’s disposable earnings are:
$154.50 or less for a weekly pay period
$309.00 or less for a bi-weekly pay period
$334.75 or less for a semi-monthly pay period
$669.50 or less for a monthly pay period
Pay the Defendant as if the Defendant’s earnings were not being garnished and file the answer accordingly.
2. If the Defendant’s disposable earnings are:
! More than $154.50 but less than $206.00 for a weekly pay period, pay the Defendant $154.50
! More than $309.00 but less than $412.00 for a bi-weekly pay period, pay the Defendant $309.00
! More than $334.75 but less than $446.33 for a semi-monthly pay period, pay the Defendant $334.75
! More than $669.50 but less than $892.67 for a monthly pay period, pay the Defendant $669.50
3. If the Defendant’s disposable earnings are:
! $206.00 or more for a weekly pay period, pay the Defendant 75% of the Defendant’s disposable earnings
! $412.00 or more for a bi-weekly pay period, pay the Defendant 75% of the Defendant’s disposable earnings
! $446.33 or more for a semi-monthly pay period, pay the Defendant 75% of the Defendant’s disposable earnings
! $892.67 or more for a monthly pay period, pay the Defendant 75% of the Defendant’s disposable earnings
4. You may ask the Court for $5.00 of the Defendant’s wages for the first deduction and $2.00 for each deduction
thereafter to offset your costs in processing the Garnishment.
5. If the Garnishment is answered by an attorney, the attorney must request the fees be released from the registry
of the Court either in the Answer or by separate Motion.
You are to withhold from the Defendant’s earnings for each pay period that portion required to be withheld until the
judgment is satisfied or until further Order of the Court. After filing the first Answer, you are required to notify the Court.
After filing the first Answer, you are required to notify the Court, using the GARNISHMENT ACCOUNTING SHEET
provided (or company payroll records which provide the same information) each time funds are withheld.
FAILURE TO FILE AN ANSWER MAY ENTITLE THE PLAINTIFF TO JUDGMENT AGAINST THE GARNISHEE FOR
THE ENTIRE SUM SET FORTH IN PLAINTIFF’S MOTION FOR CONTINUING GARNISHMENT.
CTCIV165/COCIV73 (Revised 6/21/01) fd4/D15/CrtAdmin/6/21/01
*THESE RESTRICTIONS DO NOT APPLY TO GARNISHMENTS FOR CHILD SUPPORT, ALIMONY, BANKRUPTCY,
OR TO RECOVER STATE OR FEDERAL TAXES.
CIRCUIT/COUNTY COURT, PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
__________________________________________
__________________________________________
Plaintiff(s),
vs.
__________________________________________
__________________________________________
Defendant(s),
and
__________________________________________
Garnishee.
__________________________________________ /
ANSWER OF GARNISHEE
THE STATE OF FLORIDA
COUNTY OF PINELLAS:
______ The above-named Defendant terminated employment on ___________________________________________
______
The above-named Defendant was never employed by Garnishee.
If one of the above applies, check the appropriate box, and you are not required to complete the remainder of this
form, except for signing the form before a notary. The form must be returned within twenty 20) days from the service of
the Writ of Garnishment.
If the above do not apply, complete this form.
This Garnishee’s answer to Writ of Garnishment served on __________________________________ , 20 ____ . Since being
served, the Garnishee has delivered to the Defendant only that portion of the Defendant’s earnings authorized to be delivered
to the Defendant pursuant to the instructions accompanying this form, and the Garnishee further states that the statements in
this answer are true and correct as set forth below:
(a) The pay period for the Defendant is (designate one):
______ weekly ______ bi-weekly ______ other
______ semi-weekly ______ monthly
(b) The answer covers earnings for pay period beginning
on ______________________ , 20 _____ , and ending
on ______________________ , 20 _____ , which includes the day on which the Writ of Garnishment was served.
(c) The total gross earnings due for the above pay period are $ ____________________________________ .
(d) Amounts required by law to be withheld for the above pay period are:
CONTINUED ON REVERSE SIDE
CTCIV164/COCIV50 (Revised 01/01/03) fd4/NEWclkad39/1/27/03
UCN: 52200______________________________ Reference No.: _________________________________
1. Federal Social Security Tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ________________________
2. Federal Income Tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ________________________
3. Child support or other deductions required by law . . . . . . . . . . . . . . . . . . . . . . . . . . $ ________________________
Describe __________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
(Do not include voluntary deductions for life insurance or credit union payments.)
TOTAL ......................... $ _______________________ .
(e) Disposable earnings for the above pay period are ................................................... $ _______________________ .
[Subtract (e) from (c)]
(f) In accordance with the instructions accompanying this answer form,
the Garnishee has determined that the amount which must be paid
to the Defendant is ........................................................................................................................ $ _______________________ .
(g) So long as Defendant is owed wages, Garnishee will continue to withhold such sums as are required by the
attached instructions.
_______________________________________________
Signature of Garnishee
Name: ____________________________________________________
Title: ____________________________________________________
Subscribed and sworn to before me this ________ day of _______________________________ , 20 ______ .
_________________________________________________
NOTARY PUBLIC
(Notarial Seal) MY COMMISSION EXPIRES:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of this answer has been mailed to the Plaintiff at
______________________________________________________________________________________________________________________
(insert address)
this ________ day of _______________________________ , 20 ______ .
_______________________________________________
Phone Number ________________________________
CTCIV164/COCIV50 (Revised 01/01/03) fd4NEWclkad39/1/27/03
CIRCUIT/COUNTY COURT, PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
UCN: 52200______________________________ Reference No.: _________________________________
_________________________________________________________________
_________________________________________________________________
Plaintiff(s),
vs.
_________________________________________________________________
_________________________________________________________________
Defendant(s),
vs.
_________________________________________________________________
Garnishee(s).
_________________________________________________________________ /
GARNISHMENT ACCOUNTING SHEET
$ _____________________________ $ _____________________________ $ _____________________________ $ _____________________________
Dated this ________ day of _______________________________ , 20 _____ .
____________________________________________________________
Name of Garnishee
____________________________________________________________
Signature of Garnishee
Name: __________________________________________________
Title: ____________________________________________________
Phone: _________________________________________________
**** Amount owned on this date is the Balance Owing on the Answer filed with the Court; or the Balance Owing on the last
Garnishment Account Sheet.
**** Simple interest is figured by Amount Owed to Plaintiff on this Date multiplied by _____ %, divided by 365, multiplied by
Number of Days since Garnishee’s payment to Plaintiff.
**** Amount paid Plaintiff this date is actual amount that you are sending to Plaintiff today.
**** Balance Owing is the Total Amount Owed plus Interest Due to Date, less Amount Paid to Plaintiff this Date.
CTCIV166/COCIV51 (Revised 01/01/03) fd4//NEWclk39/1/27/03
Total Amount Owed to Simple Interest Amount Paid to Balance
Plaintiff on this date* Due to date at** Plaintiff this date*** Owing****
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INSTRUCTIONS TO GARNISHEE (Employer) NONSUPPORT PAYMENTS* (Pinellas County Clerk of the Circuit Court and Comptroller)

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Completed 10 February 2021

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