Fillable WRIT OF GARNISHMENT (Brevard County Clerk, Florida)

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WRIT OF GARNISHMENT (Brevard County Clerk, Florida)

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LAW 132
Rev. 04-26-2013
TO THE STATE OF FLORIDA :
To all and Singular the Sheriffs of the State:
YOU ARE COMM ANDED to sum mon the garnishee, to serve an answer to
this writ on , plaintiff/plaintiff's attorney, whose address is
,
within 20 days after servic e on the garnishee, ex c lusiv e of the day of servic e, and to file the original with the Clerk
of the Court either before serv ic e on the attorney or immediately thereafter, stating whether the garnishee is
indebted to defendant, at the time of the answer or was indebted at the time
of serv ic e of the Writ, or at any tim e between suc h times, and in what sum and what tangible and intangible
personal property of the defendant the garnishee is in possession or control of at the time of the answer or had at
the time of servic e of this Writ, or at any tim e between suc h times, and whether the garnishee knows of any other
person indebted to the defendant or who m ay be in possession or c ontrol of any of the property of the defendant.
The amount set in plaintiff's m otion is $ .
FAILURE TO FILE AN ANSWER WITHIN THE TIME REQUIRED MAY RESULT IN THE ENTRY OF A JUDGMENT
AGAINST THE GARNISHEE FOR THE ABOVE TOTAL AMOUNT OF $ .
BAR CODE LABEL
Mailing Addres s:
Brevard County Clerk of Courts
P. O. Box 219
Titusville, FL 32781-0219
IN THE COURT, EIGHTEENTH JUDICIAL CIRCUIT, BREVARD COUNTY, FLORIDA
DIVISION: CIVIL
CASE NUMBER
05 XXXX-XX-- --
WRIT OF GARNISHMENT
DEFENDANT
PLAINTIFF
GARNISHE E
CL OCK IN
BREVARD COUNTY
CLERK OF COURTS
BY DC
WITNESS my hand and Official Seal on the ______ day of ________________, 20 ____, in Brevard County, Florida.
COUNTY
DATE
TIME
PLACE
JUDGE
IMPORTANT NOTICE
Federal Wage Garnishment Law
Effective July 1,1970
(For Attac hm ent to Garnishment Order)
The garnishment restrictions of Title III of t he Consumer Credit Prot ection Act (15 U.S.C. 1673) provide that no
court of the United States or of any State m ay m ak e, ex ecute, or enforc e any order or proc ess whic h provides
for the garnishm ent of the aggregate disposable earnings of any individual for any workweek in an amount
which is in exc ess of the lesser of the following restric tions:
(1 ) 25 perc ent of the indiv idual's disposable earnings for the work week , or
(2 ) the amount by whic h his disposable earnings for that week ex c eed 30 tim es the minimum
wage under sec tion 6(a)(1 ) of the Fair Labor Standards Ac t of 1938 (29 U.S.C. 206(a)(1) ).
These restrictions do not apply in the case of (1 ) Court orders for the support of any person, (2 ) Court orders
under Chapter X III of the Bank ruptc y Act, and (3) Any debt due for any State or Federal Tax .
"Disposab le earnings" is com pensation paid or payable for personal servic es less any amounts required to be
withheld by law.
The law also prohibits an employ er from disc harging any employee because his earnings have been subjected to
garnishment for any one indebtedness. The term "one indebtedness" refers to a single debt, regardless of the
number of lev ies made or c reditors seeking satisfac tion. W hoever willfully v iolates the disc harge provisions of
this law may be prosecuted criminally and fined up to $1000.00, or imprisoned for not more than one year, or
both.
A section or provision of the State law that requires a larger amount to be garnished than the Federal law
permits is c onsidered preem pted by the Federal law. On the other hand, the State law prov ision is to be applied
if it results in a smaller garnishment amount.
Inform ation regarding the Federal Wage Garnishment Law m ay be obtained from any offic e of W age and Hour
Division, U.S. Departm ent of Labor.
Room 14, Romark Building Room 1527, Federal Off ice Building
3521 W. Brow ard Boulevard 51 S.W. First Avenue
Fort Lauderdale, FL 33312 Miami, FL 33130
Room 552, New Federal Building Room 505, New Federal Building
400 West Bay Street, Box 35047 500 Zack Street
J acksonv ille, FL 32202 Tampa, FL 33602
Room 309, Orlando Professional Center
22 West Lake Beauty Drive
P. O. Box 8024-A
Orlando, FL 32806
NOTICE TO THE EMPLOYER:
Pursuant to this Writ of Garnishment y ou m ust report to this Court ALL sum s due from y ou to the Defendant.
However, you should only retain and withhold 25 % of such sums for disposition as the Court may Order. You
should pay the other 75% to the employ ee as you ordinarily would. For further details, read the abov e notice
carefully.
LAW 132
Rev. 11-15-2012
HEARING INFORMATION
REQUEST FOR ACCOMMODATIONS BY PERSONS WITH DISABILITIES:
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact Court Administration at The Moore Justice Center,
2825 Judge Jamieson Way, 3rd Floor, Viera, FL 32940-8006, (321)633-2171 ext. 2, at
least 7 days before your scheduled court appearance, or immediately upon receiving
this notification if the time before the scheduled appearance is less than 7 days; if
you are hearing or voice impaired, call 711.
Courthouse Locations
Brevard County Judges
NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT OF
WAGES, MONEY, AND OTHER PROPERTY
The W rit of Garnishment delivered to you with this Notice m eans that wages, money, and other property
belonging to y ou have been garnished to pay a c ourt judgment against you. HOW EVER, YOU M AY BE ABLE TO
KEEP OR RECOVER YOUR WAGES, M ONEY, OR PROPERTY. READ THIS NOTICE CA REFULLY.
State and federal law s provide that certain w ages, money, and property, even if deposited in a bank,
savings and loan, or credit union, m ay not be taken to pay certain ty pes of c ourt judgments. Such wages,
money, and property are exempt from garnishm ent. The major exemptions are listed below on the form for Claim
of Exemption and Request for Hearing. This list does not inc lude all possible ex emptions. You should consult a
lawyer for specific advice.
If y ou request a hearing, it will be held as soon as possible after y our request is receiv ed by the c ourt. The
plaintiff must file any objection within 2 business day s if y ou hand delivered to the plaintiff a c opy of the form for
Claim of Exemption and Request for Hearing, or, alternatively, 7 day s if you mailed a c opy of the form for c laim
and request to the plaintiff. If the plaintiff files an objection to your Claim of Exemption and Request for Hearing,
the c lerk 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.
I c laim ex emptions from garnishment under the fo llowing c ategories as c hecked:
1. Head of family wages. (You must ch ec k a. or b. below)
a. I p rov ide m ore than one-half of the support for a c hild or other dependent and have net
earnings of $500 or less per w eek.
b. I provide m ore than one-half of the support for a c hild or other dependent, have net earnings
of more than $500 per w eek, but have not agreed in writing to have my w ages garnished.
2. Social Security benefits.
3. Supplemental Sec urity Income benefits.
4. Public assistance (w elfare).
5. Workers' Compensation.
6. Unemploym ent 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 polic y or proc eeds of annuity
contrac t.
10. Disability inc ome benefits.
11. Prepaid College Trust Fund or Medical Savings Acc ount.
12. Other exemptions as provided by law (explain)
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
LA W YER. IF YOU CA NNOT AFFORD A PRIVA TE LA W YER, LEGA L SERVICES M A Y BE
AVAILABLE. CONTACT YOUR LOCAL BAR ASSOCIATION OR ASK THE CLERK' S OFFICE ABOUT
ANY LEGAL SERVICES PROGRA M IN YOUR AREA.
TO KEEP YOUR WA GES, M ONEY, A ND OTHER PROPERTY FROM BEING GA RNISHED, 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 IMPOR TANT RIGHTS. YOU MUST ALSO MAIL OR
DELIVER A COPY OF THIS FORM TO THE PLAINTIFF AND THE GARNISHEE AT THE ADDRES SES
LISTED ON THE WR IT OF G ARNISHMENT.
CLAIM OF EXEMPTION AND REQUEST FOR HEARING
LAW 132
Rev. 01/09/2013
I request a hearing to decide the validity of m y claim . Notice of the hearing should be giv en to me at:
Address:
City, State, Zip Code:
Telephone Number: ( )
The statements m ade in this request are true to the best of my k nowledge and belief.
Defendant's Signature Date
STATE OF FLORIDA COUNTY OF __________________________
Sw orn and subscribed t o bef ore me t his ________ day of ______________________________, 20______, by
__________________________________________________________
Notary Public/Deputy Clerk
Personally Know n ____ OR Produced Identific ation ____ Type of Ident if icat ion Produced ________________
LAW 132
Rev. 11-15-2012
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WRIT OF GARNISHMENT (Brevard County Clerk, Florida)

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Completed 26 August 2020

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