Fillable JOSEPH ABRUZZO NOTICE TO DEFENDANT OF RIGHT AGAINST (Clerk of the Circuit Court & Comptroller, Palm Beach County)

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JOSEPH ABRUZZO NOTICE TO DEFENDANT OF RIGHT AGAINST (Clerk of the Circuit Court & Comptroller, Palm Beach County)

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JOSEPH
ABRUZZO
CLERK OF
THE
CIRCUIT COURT & COMPTROLLER
PALM BEACH
COUNlY
County Civil
P.O Box 3406
West Palm Beach, Fl 33402
NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT WAGES,
MONEY, AND OTHER PROPERTY
The Writ of Garnishment delivered to you with this Notice means that wages, money, and other
property belonging to you have been garnished to pay a court judgment against you.
HOWEVER, YOU MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES, MONEY, OR
PROPERTY. READ THIS NOTICE CAREFULLY.
State and federal laws provide that certain wages, money, and property, even if deposited in a
bank, savings and loan, or credit union, may not be taken to pay certain types of court judgments.
Such wages, money, and property are exempt from garnishment. The major exemptions are listed
below on the form for Claim of Exemption and Request for Hearing. This list does not include
all possible exemptions. You should consult a lawyer for specific advice.
TO KEEP YOUR WAGES, MONEY, AND OTHER PROPERTY FROM BEING
GARNISHED, OR TO GET BACK ANYTHING ALREADY TAKEN, YOU MUST
COMPLETE A FORM FOR CLAIM OF EXEMPTION AND REQUEST FOR HEARING AS
SET FORTH BELOW AND HAVE THE FORM NOTARIZED. YOU MUST FILE THE
FORM WITH THE CLERK'S OFFICE WITHIN 20 DAYS AFTER THE DATE YOU
RECEIVE THIS NOTICE OR YOU MAY LOSE IMPORTANT RIGHTS. YOU MUST ALSO
MAIL OR DELIVER A COPY OF THIS FORM TO THE PLAINTIFF AND THE
GARNISHEE AT THE ADDRESSES LISTED ON THE WRIT OF GARNISHMENT.
If you request a hearing, it will be held as soon as possible after your request is received by the
court. The plaintiff must file any objection within 8 business days if you hand delivered to the
plaintiff a copy of the form for Claim of Exemption and Request for Hearing or, alternatively, 14
business days if you mailed a copy of the form for claim and request to the plaintiff. If the
plaintiff files an objection to your Claim of Exemption and Request for Hearing, the clerk will
notify you and the other parties of the time and date of the hearing. You may attend the hearing
with or without an attorney. If the plaintiff fails to file an objection, no hearing is required, the
writ of garnishment will be dissolved and your wages, money, or property will be released.
YOU SHOULD FILE THE FORM FOR CLAIM OF EXEMPTION IMMEDIATELY TO KEEP
YOUR WAGES, MONEY, OR PROPERTY FROM BEING APPLIED TO THE COURT
JUDGMENT. THE CLERK CANNOT GIVE YOU LEGAL ADVICE. IF YOU NEED LEGAL
ASSISTANCE YOU SHOULD SEE A LAWYER. IF YOU CANNOT AFFORD A PRIVATE
LAWYER, LEGAL SERVICES MAY BE AVAILABLE. CONTACT YOUR LOCAL BAR
ASSOCIATION OR ASK THE CLERK'S OFFICE ABOUT ANY LEGAL SERVICES
PROGRAM IN YOUR AREA.
IN THE FIFTEENTH JUDICIAL CIRCUIT IN
AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO. ___________________________
______________________________________
Plaintiff,
vs.
_______________________________________
Defendant
________________________________________
Garnishee
CLAIM OF EXEMPTION AND REQUEST FOR HEARING
I claim exemptions from garnishment under the following categories as checked:
_____ 1. Head of family wages. (You must check a. or b. below.)
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.
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.
2. Social Security benefits.
3. Supplemental Security Income benefits.
4. Public assistance (welfare).
5. Workers' Compensation.
6. Reemployment assistance or unemployment compensation.
7. Veterans' benefits.
8. Retirement or profit-sharing benefits or pension money.
9. Life insurance benefits or cash surrender value of a life insurance policy or proceeds
of annuity contract.
10. Disability income benefits.
11. Prepaid College Trust Fund or Medical Savings Account.
12. Other exemptions as provided by law.
_____
_____
_____
_____
_____
_____
_____
_____
_____
_____
_____
_____
_____
________________________________________(explain)
______________________________________________________________________________
I request a hearing to decide the validity of my claim. Notice of the hearing should be given to
me at:
Address: ________________________________________
Telephone number:______________________________
The statements made in this request are true to the best of my knowledge and belief.
I ________________________________________ hereby certify that a copy of the foregoing
has been provided by ___ hand delivery ___ ______ mail to the following:
Day Month
______ ______ ,
Year
______________________________________________________________________________
Defendant's signature
Date ________________ ________________________
STATE OF FLORIDA
COUNTY OF
Sworn and subscribed to before me this __________ day of (month and year) , by (name of
person making statement)
Notary Public/Deputy Clerk
Personally Known _ OR Produced Identification
Type of Identification Produced__
_________ _____
_ ____________________ __
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JOSEPH ABRUZZO NOTICE TO DEFENDANT OF RIGHT AGAINST (Clerk of the Circuit Court & Comptroller, Palm Beach County)

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Completed 5 July 2021

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