What documents should I take to a hearing to showthat I am head of house hold with a dependentregardinga claim of exemption?

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What documents should I take to a hearing to showthat I am head of house hold with a dependentregardinga claim of exemption?

A debt collector is attempting to garnish my wages. I filed the claim of exemption form with the courts. I’ve never been to a hearing and just want to be prepared. I don’t know what I need to show the judge to prove my claim.

Asked on June 24, 2011 under Bankruptcy Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your income tax return should show that you are head of a household with a dependent and should list your exemptions.

Court rules probably require you to file all documents with the court and serve the opposing party a certain number of days before the hearing.  The amount of notice required by the court varies from state to state and even within the courts in a particular state.  You might want to check the local rules to find out how many days prior to the hearing you need to file your documents with the court and serve the opposing party.  If you don't comply with the filing requirement, the court might not accept your document(s) at the hearing.


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