How to I geta writ of garnishment dissolved?
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How to I geta writ of garnishment dissolved?
About 4 weeks ago I received a continuing writ of garnishment. Attached was a form for exemption. I filled out the form as I am the only working/earning member of the household (just myself and spouse). I then filed the form. The lawyers for the plaintiff have disputed it. Last week I got a certificate of service stating that garnishment is in effect; attached was the reply from my company. The certificate says I have 20 days to file a motion to dissolve the writ but I have no idea what to put in the motion. What verbiage/content do I need put in the dissolution motion? Based on my exemption form, a hearing has been set in 20 days. Do I still have to file the motion even though I have a hearing set?
Asked on November 22, 2010 under Bankruptcy Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You need to cover all bases here so I would both file the motion and attend the hearing. Although I am not really familiar with Florida law, it is my understanding that the motion should state your reasons for the dispute (that the plaintiffs writ is untrue) and/or the reasons why the funds may be exempt from garnishment (head of family, workers comp, social security benefits - th list is extensive). Look at the Florida statute: Chapter 77 of the Florida code and specifically 77.041 Notice to individual defendant for claim of exemption from garnishment; procedure for hearing. Do not worry so much about the form, but have your affidavit notarized. The substance will matter most. And make sure that you serve the other party with the papers too. Good luck to you.
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