Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. SB 592
Barcode 113630
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/18/2013 .
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The Committee on Commerce and Tourism (Bean) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 54 - 142
4 and insert:
5
6 OR THE PLAINTIFF’S ATTORNEY AND THE GARNISHEE OR THE
7 GARNISHEE’S ATTORNEY AT THE ADDRESSES LISTED ON THE
8 WRIT OF GARNISHMENT. NOTE THAT THE FORM REQUIRES YOU
9 TO COMPLETE A CERTIFICATION THAT YOU MAILED OR HAND
10 DELIVERED COPIES TO THE PLAINTIFF OR THE PLAINTIFF’S
11 ATTORNEY AND THE GARNISHEE OR THE GARNISHEE’S
12 ATTORNEY.
13 If you request a hearing, it will be held as soon as
14 possible after your request is received by the court. The
15 plaintiff or the plaintiff’s attorney must file any objection
16 within 8 3 business days if you hand delivered to the plaintiff
17 or the plaintiff’s attorney a copy of the form for Claim of
18 Exemption and Request for Hearing or, alternatively, 14 8
19 business days if you mailed a copy of the form for claim and
20 request to the plaintiff or the plaintiff’s attorney. If the
21 plaintiff or the plaintiff’s attorney files an objection to your
22 Claim of Exemption and Request for Hearing, the clerk will
23 notify you and the other parties of the time and date of the
24 hearing. You may attend the hearing with or without an attorney.
25 If the plaintiff or the plaintiff’s attorney fails to file an
26 objection, no hearing is required, the writ of garnishment will
27 be dissolved and your wages, money, or property will be
28 released.
29 IF YOU HAVE A VALID EXEMPTION, YOU SHOULD FILE THE
30 FORM FOR CLAIM OF EXEMPTION IMMEDIATELY TO KEEP YOUR
31 WAGES, MONEY, OR PROPERTY FROM BEING APPLIED TO THE
32 COURT JUDGMENT. THE CLERK CANNOT GIVE YOU LEGAL
33 ADVICE. IF YOU NEED LEGAL ASSISTANCE YOU SHOULD SEE A
34 LAWYER. IF YOU CANNOT AFFORD A PRIVATE LAWYER, LEGAL
35 SERVICES MAY BE AVAILABLE. CONTACT YOUR LOCAL BAR
36 ASSOCIATION OR ASK THE CLERK’S OFFICE ABOUT ANY LEGAL
37 SERVICES PROGRAM IN YOUR AREA.
38
39 CLAIM OF EXEMPTION AND
40 REQUEST FOR HEARING
41
42 I claim exemptions from garnishment under the following
43 categories as checked:
44 .... 1. Head of family wages. (Check either You must check a. or b. below, if applicable.)
45 .... a. I provide more than one-half of the support for a child or other dependent and have net earnings of $750 or less per week.
46 .... b. I provide more than one-half of the support for a child or other dependent, have net earnings of more than $750 per week, but have not agreed in writing to have my wages garnished.
47 .... 2. Social Security benefits.
48 .... 3. Supplemental Security Income benefits.
49 .... 4. Public assistance (welfare).
50 .... 5. Workers’ Compensation.
51 .... 6. Reemployment assistance or unemployment compensation.
52 .... 7. Veterans’ benefits.
53 .... 8. Retirement or profit-sharing benefits or pension money.
54 .... 9. Life insurance benefits or cash surrender value of a life insurance policy or proceeds of annuity contract.
55 .... 10. Disability income benefits.
56 .... 11. Prepaid College Trust Fund or Medical Savings Account.
57 .... 12. Other exemptions as provided by law.....................(explain)
58
59 I request a hearing to decide the validity of my claim. Notice
60 of the hearing should be given to me at:
61
62 Address: ................................
63 Telephone number:........................
64
65 I CERTIFY UNDER OATH AND PENALTY OF PERJURY that a copy of this
66 CLAIM OF EXEMPTION AND REQUEST FOR HEARING has been furnished by
67 (circle one) United States mail or hand delivery on ...(insert
68 date)..., to: ...(insert names and addresses of Plaintiff or
69 Plaintiff’s attorney and of Garnishee or Garnishee’s attorney to
70 whom this document was furnished)....
71
72 I FURTHER CERTIFY UNDER OATH AND PENALTY OF PERJURY that the
73 statements made in this request are true to the best of my
74 knowledge and belief.
75
76 ................................
77 Defendant’s signature
78 Date................................
79
80 STATE OF FLORIDA
81 COUNTY OF
82
83 Sworn and subscribed to before me this ........ day of ...(month
84 and year)..., by ...(name of person making statement)...
85 Notary Public/Deputy Clerk
86 Personally Known ........OR Produced Identification....
87 Type of Identification Produced....................
88
89 (3) Upon the filing by a defendant of a sworn claim of
90 exemption and request for hearing, a hearing will be held as
91 soon as is practicable to determine the validity of the claimed
92 exemptions. If the plaintiff or the plaintiff’s attorney does
93 not file a sworn written statement that answers contests the
94 defendant’s claim of exemption within 8 3 business days after
95 hand delivering the claim and request or, alternatively, 14 8
96 business days, if the claim and request were served by mail, no
97 hearing is required and the clerk must automatically dissolve
98 the writ and notify the parties of the dissolution by mail.
99
100 ================= T I T L E A M E N D M E N T ================
101 And the title is amended as follows:
102 Delete lines 6 - 12
103 and insert:
104 notice of a garnishment exemption and request for
105 hearing to the plaintiff’s or the garnishee’s
106 attorney; extending the time allowed for the plaintiff
107 or the plaintiff’s attorney to respond to the
108 defendant’s claim of exemption and request for
109 hearing; providing response procedures of the clerk of
110 court and the plaintiff’s attorney when the
111 plaintiff’s attorney is served with a notice of
112 garnishment exemption and request for hearing;
113 requiring the defendant to certify under oath and
114 penalty of perjury that he or she provided notice of
115 the garnishment exemption claim and request for
116 hearing to the plaintiff, the garnishee, or their
117 respective attorneys in order to obtain a hearing;