September 22, 2019
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_h0409c3
CS/CS/CS/HB 409

1
A bill to be entitled
2An act relating to garnishment; amending s. 77.041, F.S.;
3increasing the amount of wages of a head of family that is
4exempt from garnishment; amending s. 222.11, F.S.;
5increasing the amount of wages of a head of family that is
6exempt from garnishment; providing a form that must be
7used for an agreement to waive the exemption from
8garnishment; providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Subsection (1) of section 77.041, Florida
13Statutes, is amended to read:
14     77.041  Notice to individual defendant for claim of
15exemption from garnishment; procedure for hearing.-
16     (1)  Upon application for a writ of garnishment by a
17plaintiff, if the defendant is an individual, the clerk of the
18court shall attach to the writ the following "Notice to
19Defendant":
20
NOTICE TO DEFENDANT OF RIGHT AGAINST
21
GARNISHMENT OF WAGES, MONEY,
22
AND OTHER PROPERTY
23     The Writ of Garnishment delivered to you with this Notice
24means that wages, money, and other property belonging to you
25have been garnished to pay a court judgment against you.
26HOWEVER, YOU MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES, MONEY,
27OR PROPERTY. READ THIS NOTICE CAREFULLY.
28     State and federal laws provide that certain wages, money,
29and property, even if deposited in a bank, savings and loan, or
30credit union, may not be taken to pay certain types of court
31judgments. Such wages, money, and property are exempt from
32garnishment. The major exemptions are listed below on the form
33for Claim of Exemption and Request for Hearing. This list does
34not include all possible exemptions. You should consult a lawyer
35for specific advice.
36TO KEEP YOUR WAGES, MONEY, AND OTHER PROPERTY FROM BEING
37GARNISHED, OR TO GET BACK ANYTHING ALREADY TAKEN, YOU MUST
38COMPLETE A FORM FOR CLAIM OF EXEMPTION AND REQUEST FOR HEARING
39AS SET FORTH BELOW AND HAVE THE FORM NOTARIZED. YOU MUST FILE
40THE FORM WITH THE CLERK'S OFFICE WITHIN 20 DAYS AFTER THE DATE
41YOU RECEIVE THIS NOTICE OR YOU MAY LOSE IMPORTANT RIGHTS. YOU
42MUST ALSO MAIL OR DELIVER A COPY OF THIS FORM TO THE PLAINTIFF
43AND THE GARNISHEE AT THE ADDRESSES LISTED ON THE WRIT OF
44GARNISHMENT.
45     If you request a hearing, it will be held as soon as
46possible after your request is received by the court. The
47plaintiff must file any objection within 3 business days if you
48hand delivered to the plaintiff a copy of the form for Claim of
49Exemption and Request for Hearing or, alternatively, 8 business
50days if you mailed a copy of the form for claim and request to
51the plaintiff. If the plaintiff files an objection to your Claim
52of Exemption and Request for Hearing, the clerk will notify you
53and the other parties of the time and date of the hearing. You
54may attend the hearing with or without an attorney. If the
55plaintiff fails to file an objection, no hearing is required,
56the writ of garnishment will be dissolved and your wages, money,
57or property will be released.
58YOU SHOULD FILE THE FORM FOR CLAIM OF EXEMPTION IMMEDIATELY TO
59KEEP YOUR WAGES, MONEY, OR PROPERTY FROM BEING APPLIED TO THE
60COURT JUDGMENT. THE CLERK CANNOT GIVE YOU LEGAL ADVICE. IF YOU
61NEED LEGAL ASSISTANCE YOU SHOULD SEE A LAWYER. IF YOU CANNOT
62AFFORD A PRIVATE LAWYER, LEGAL SERVICES MAY BE AVAILABLE.
63CONTACT YOUR LOCAL BAR ASSOCIATION OR ASK THE CLERK'S OFFICE
64ABOUT ANY LEGAL SERVICES PROGRAM IN YOUR AREA.
65
CLAIM OF EXEMPTION AND
66
REQUEST FOR HEARING
67I claim exemptions from garnishment under the following
68categories as checked:
69
 
_____1.  Head of family wages. (You must check a. or b. below.)
70
 
_____a.  I provide more than one-half of the support for a child or other dependent and have net earnings of $750 $500 or less per week.
71
 
_____b.  I provide more than one-half of the support for a child or other dependent, have net earnings of more than $750 $500 per week, but have not agreed in writing to have my wages garnished.
72
 
_____2.  Social Security benefits.
73
 
_____3.  Supplemental Security Income benefits.
74
 
_____4.  Public assistance (welfare).
75
 
_____5.  Workers' Compensation.
76
 
_____6.  Unemployment Compensation.
77
 
_____7.  Veterans' benefits.
78
 
_____8.  Retirement or profit-sharing benefits or pension money.
79
 
_____9.  Life insurance benefits or cash surrender value of a life insurance policy or proceeds of annuity contract.
80
 
_____10.  Disability income benefits.
81
 
_____11.  Prepaid College Trust Fund or Medical Savings Account.
82
 
_____12.  Other exemptions as provided by law. ________________________________________(explain)
83
84I request a hearing to decide the validity of my claim. Notice
85of the hearing should be given to me at:
86Address: ________________________________________
87Telephone number:______________________________
88The statements made in this request are true to the best of my
89knowledge and belief.
90________________________________________
91Defendant's signature
92Date________________________________________
93STATE OF FLORIDA
94COUNTY OF
95Sworn and subscribed to before me this __________ day of
96...(month and year)..., by ...(name of person making
97statement)...
98Notary Public/Deputy Clerk
99Personally Known __________OR Produced Identification_____
100Type of Identification Produced_________________________
101     Section 2.  Subsection (2) of section 222.11, Florida
102Statutes, is amended to read:
103     222.11  Exemption of wages from garnishment.-
104     (2)(a)  All of the disposable earnings of a head of family
105whose disposable earnings are less than or equal to $750 $500 a
106week are exempt from attachment or garnishment.
107     (b)  Disposable earnings of a head of a family, which are
108greater than $750 $500 a week, may not be attached or garnished
109unless such person has agreed otherwise in writing. The
110agreement to waive the protection provided by this paragraph
111must:
112     1.  Be written in the same language as the contract or
113agreement to which the waiver relates.
114     2. Be contained in a separate document attached to the
115contract or agreement.
116     3.  Be in substantially the following form in at least 14-
117point type:
118
119IF YOU PROVIDE MORE THAN ONE-HALF OF THE SUPPORT FOR A
120CHILD OR OTHER DEPENDENT, ALL OR PART OF YOUR INCOME IS
121EXEMPT FROM GARNISHMENT UNDER FLORIDA LAW. YOU CAN WAIVE
122THIS PROTECTION ONLY BY SIGNING THIS DOCUMENT. BY SIGNING
123BELOW, YOU AGREE TO WAIVE THE PROTECTION FROM
124GARNISHMENT.
125
126...(Consumer's Signature)...   ...(Date Signed)...
127
128I have fully explained this document to the consumer.
129
130...(Creditor's Signature)...   ...(Date Signed)...
131
132In no event shall The amount attached or garnished may not
133exceed the amount allowed under the Consumer Credit Protection
134Act, 15 U.S.C. s. 1673.
135     (c)  Disposable earnings of a person other than a head of
136family may not be attached or garnished in excess of the amount
137allowed under the Consumer Credit Protection Act, 15 U.S.C. s.
1381673.
139     Section 3.  This act shall take effect October 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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