wage garnishment
Date: Wed, 03/30/2011 - 11:28
Florida law does not offer a procedure to register an asset exem
Florida law does not offer a procedure to register an asset exemption in advance of a judgment. However, there is the exception of filing for the Constitutional homestead exemption.
A creditor may try to garnish wages once he gets a court judgment. When the creditor serves it to the employer, the employee or the debtor will get a notification and he may assert an exemption. If the debtor is the head of household, then he should state the exemption on the form. He should send the copies to the court as well as the creditor. The debtor is, then, entitled to a quick hearing in order to dissolve the garnishment. Here, he will have to prove that he qualifies as head of household.
However, if the debtor knows that he is head of a household, then he or his attorney could write a letter to creditor claiming wage garnishment exemption and providing proof of the head of household status. This advance letter might convince the creditor not to pursue wage garnishment.
