Fillable NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT OF (Duval County Clerk of Courts)

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NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT OF (Duval County Clerk of Courts)

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NOTICE TO DEFENDANT OF RIGHT AGAINST
GARNISHMENT OF 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.
IF AN EXEMPTION FROM GARNISHMENT APPLIES TO YOU AND YOU WANT TO KEEP YOUR
WAGES, MONEY, AND OTHER PROPERTY FROM BEING GARNISHED, OR TO RECOVER
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. IF YOU
HAVE A VALID EXEMPTION, 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 OR THE
PLAINTIFF’S ATTORNEY AND THE GARNISHEE OR THE GARNISHEE’S ATTORNEY AT THE
ADDRESSES LISTED ON THE WRIT OF GARNISHMENT. NOTE THAT THE FORM REQUIRES YOU
TO COMPLETE A CERTIFICATION THAT YOU MAILED OR HAND DELIVERED COPIES TO THE
PLAINTIFF OR THE PLAINTIFF’S ATTORNEY AND THE GARNISHEE OR THE GARNISHEE’S
ATTORNEY.
If you request a hearing, it will be held as soon as possible after your request is received by the
court. The plaintiff or the plaintiff’s attorney must file any objection within 8 business days if you
hand delivered to the plaintiff or the plaintiff’s attorney 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 or the plaintiff’s attorney. If the plaintiff or the plaintiff’s
attorney 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 or the plaintiff’s attorney 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.
IF YOU HAVE A VALID EXEMPTION, 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 CIRCUIT/COUNTY COURT OF THE FOURTH JUDICIAL CIRCUIT
IN AND FOR DUVAL COUNTY, FLORIDA
Case No: ___________________
Division: ___________________
__________________________________________, 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. (Check either a. or b. below, if applicable.)
______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: ___________________________________________________________________
I CERTIFY UNDER OATH AND PENALTY OF PERJURY that a copy of this CLAIM OF EXEMPTION AND
REQUEST FOR HEARING has been furnished by (circle one)United States mail or hand delivery
on ______________________ , to:
_______________________________________________________
_______________________________________________________________________________
______
_______________________________________________________________________________
______
(insert names and addresses of Plaintiff or Plaintiff’s attorney and of Garnishee or Garnishee’s
attorney to whom this document was furnished) .
I FURTHER CERTIFY UNDER OATH AND PENALTY OF PERJURY that the statements made in this
request are true to the best of my knowledge and belief.
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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NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT OF (Duval County Clerk of Courts)

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Completed 9 January 2021

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