Bill Amendment: FL S0592 | 2013 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Garnishment
Status: 2013-07-01 - Chapter No. 2013-233 [S0592 Detail]
Download: Florida-2013-S0592-Commerce_and_Tourism_Committee_Amendment_113630.html
Bill Title: Garnishment
Status: 2013-07-01 - Chapter No. 2013-233 [S0592 Detail]
Download: Florida-2013-S0592-Commerce_and_Tourism_Committee_Amendment_113630.html
Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. SB 592 Barcode 113630 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/18/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 83business 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, 14819 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 eitherYou must checka. 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 answersconteststhe 94 defendant’s claim of exemption within 83business days after 95 hand delivering the claim and request or, alternatively, 14896 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;