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The Florida Senate

2012 Florida Statutes

Title XV HOMESTEAD AND EXEMPTIONS
Chapter 222 METHOD OF SETTING APART HOMESTEAD AND EXEMPTIONS Entire Chapter
SECTION 12
Proceedings for exemption.
F.S. 222.12
222.12 Proceedings for exemption.—Whenever any money or other thing due for labor or services as aforesaid is attached by such process, the person to whom the same is due and owing may make oath before the officer who issued the process or before a notary public that the money attached is due for the personal labor and services of such person, and she or he is the head of a family residing in said state. When such an affidavit is made, notice of same shall be forthwith given to the party, or her or his attorney, who sued out the process, and if the facts set forth in such affidavit are not denied under oath within 2 business days after the service of said notice, the process shall be returned, and all proceedings under the same shall cease. If the facts stated in the affidavit are denied by the party who sued out the process within the time above set forth and under oath, then the matter shall be tried by the court from which the writ or process issued, in like manner as claims to property levied upon by writ of execution are tried, and the money or thing attached shall remain subject to the process until released by the judgment of the court which shall try the issue.
History.—s. 2, ch. 2065, 1875; RS 2009; GS 2531; RGS 3886; CGL 5793; s. 1201, ch. 95-147; s. 26, ch. 2000-258.