Bill Text: FL S0592 | 2013 | Regular Session | Enrolled
Bill Title: Garnishment
Spectrum: Bipartisan Bill
Status: (Passed) 2013-07-01 - Chapter No. 2013-233 [S0592 Detail]
Download: Florida-2013-S0592-Enrolled.html
ENROLLED 2013 Legislature CS for SB 592, 1st Engrossed 2013592er 1 2 An act relating to garnishment; amending s. 77.04, 3 F.S.; authorizing an employee or agent of a business 4 entity to answer a writ of garnishment on behalf of 5 the entity; amending s. 77.041, F.S.; revising “Notice 6 to Defendant” provided by the clerk of court in a 7 garnishment proceeding; providing that a defendant in 8 a garnishment proceeding may provide notice of a 9 garnishment exemption and request for hearing to the 10 plaintiff’s or the garnishee’s attorney; extending the 11 time allowed for the plaintiff or the plaintiff’s 12 attorney to respond to the defendant’s claim of 13 exemption and request for hearing; providing response 14 procedures of the clerk of court and the plaintiff’s 15 attorney when the plaintiff’s attorney is served with 16 a notice of garnishment exemption and request for 17 hearing; requiring the defendant to certify under oath 18 and penalty of perjury that he or she provided notice 19 of the garnishment exemption claim and request for 20 hearing to the plaintiff, the garnishee, or their 21 respective attorneys in order to obtain a hearing; 22 repealing s. 222.12, F.S., relating to proceedings for 23 exemption; providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Section 77.04, Florida Statutes, is amended to 28 read: 29 77.04 Writ; form.—The writ shall require the garnishee to 30 serve an answerto iton the plaintiff within 20 days after 31 service of the writ stating whether the garnisheehe or sheis 32 indebted to the defendant at the time of the answer, or was 33 indebted at the time of service of the writ, plus up to 34sufficient time not to exceed1 business day for the garnishee 35 to act expeditiously on the writ, or at any time between such 36 times;andin what sum and what tangible or intangible personal 37 property of defendant the garnishee has in his or her possession 38 or control at the time of his or her answer, or had at the time 39 of the service of the writ, or at any time between such times; 40 and whether the garnishee knows of any other person indebted to 41 defendant, or who may have any of the property of defendant in 42 his or her possession or control. The writ shall state the 43 amount named in plaintiff’s motion. If the garnishee is a 44 business entity, an authorized employee or agent of the entity 45 may execute, file, and serve the answer on behalf of the entity. 46 Section 2. Subsections (1) and (3) of section 77.041, 47 Florida Statutes, are amended to read: 48 77.041 Notice to individual defendant for claim of 49 exemption from garnishment; procedure for hearing.— 50 (1) Upon application for a writ of garnishment by a 51 plaintiff, if the defendant is an individual, the clerk of the 52 court shall attach to the writ the following “Notice to 53 Defendant”: 54 55 NOTICE TO DEFENDANT OF RIGHT AGAINST 56 GARNISHMENT OF WAGES, MONEY, 57 AND OTHER PROPERTY 58 59 The Writ of Garnishment delivered to you with this Notice 60 means that wages, money, and other property belonging to you 61 have been garnished to pay a court judgment against you. 62 HOWEVER, YOU MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES, MONEY, 63 OR PROPERTY. READ THIS NOTICE CAREFULLY. 64 State and federal laws provide that certain wages, money, 65 and property, even if deposited in a bank, savings and loan, or 66 credit union, may not be taken to pay certain types of court 67 judgments. Such wages, money, and property are exempt from 68 garnishment. The major exemptions are listed below on the form 69 for Claim of Exemption and Request for Hearing. This list does 70 not include all possible exemptions. You should consult a lawyer 71 for specific advice. 72 IF AN EXEMPTION FROM GARNISHMENT APPLIES TO YOU AND 73 YOU WANT TO KEEP YOUR WAGES, MONEY, AND OTHER PROPERTY 74 FROM BEING GARNISHED, OR TO RECOVERGET BACKANYTHING 75 ALREADY TAKEN, YOU MUST COMPLETE A FORM FOR CLAIM OF 76 EXEMPTION AND REQUEST FOR HEARING AS SET FORTH BELOW 77 AND HAVE THE FORM NOTARIZED. IF YOU HAVE A VALID 78 EXEMPTION, YOU MUST FILE THE FORM WITH THE CLERK’S 79 OFFICE WITHIN 20 DAYS AFTER THE DATE YOU RECEIVE THIS 80 NOTICE OR YOU MAY LOSE IMPORTANT RIGHTS. YOU MUST ALSO 81 MAIL OR DELIVER A COPY OF THIS FORM TO THE PLAINTIFF 82 OR THE PLAINTIFF’S ATTORNEY AND THE GARNISHEE OR THE 83 GARNISHEE’S ATTORNEY AT THE ADDRESSES LISTED ON THE 84 WRIT OF GARNISHMENT. NOTE THAT THE FORM REQUIRES YOU 85 TO COMPLETE A CERTIFICATION THAT YOU MAILED OR HAND 86 DELIVERED COPIES TO THE PLAINTIFF OR THE PLAINTIFF’S 87 ATTORNEY AND THE GARNISHEE OR THE GARNISHEE’S 88 ATTORNEY. 89 If you request a hearing, it will be held as soon as 90 possible after your request is received by the court. The 91 plaintiff or the plaintiff’s attorney must file any objection 92 within 83business days if you hand delivered to the plaintiff 93 or the plaintiff’s attorney a copy of the form for Claim of 94 Exemption and Request for Hearing or, alternatively, 14895 business days if you mailed a copy of the form for claim and 96 request to the plaintiff or the plaintiff’s attorney. If the 97 plaintiff or the plaintiff’s attorney files an objection to your 98 Claim of Exemption and Request for Hearing, the clerk will 99 notify you and the other parties of the time and date of the 100 hearing. You may attend the hearing with or without an attorney. 101 If the plaintiff or the plaintiff’s attorney fails to file an 102 objection, no hearing is required, the writ of garnishment will 103 be dissolved and your wages, money, or property will be 104 released. 105 IF YOU HAVE A VALID EXEMPTION, YOU SHOULD FILE THE 106 FORM FOR CLAIM OF EXEMPTION IMMEDIATELY TO KEEP YOUR 107 WAGES, MONEY, OR PROPERTY FROM BEING APPLIED TO THE 108 COURT JUDGMENT. THE CLERK CANNOT GIVE YOU LEGAL 109 ADVICE. IF YOU NEED LEGAL ASSISTANCE YOU SHOULD SEE A 110 LAWYER. IF YOU CANNOT AFFORD A PRIVATE LAWYER, LEGAL 111 SERVICES MAY BE AVAILABLE. CONTACT YOUR LOCAL BAR 112 ASSOCIATION OR ASK THE CLERK’S OFFICE ABOUT ANY LEGAL 113 SERVICES PROGRAM IN YOUR AREA. 114 115 CLAIM OF EXEMPTION AND 116 REQUEST FOR HEARING 117 118 I claim exemptions from garnishment under the following 119 categories as checked: 120 .... 1. Head of family wages. (Check eitherYou must checka. or b. below, if applicable.) 121 .... 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. 122 .... 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. 123 .... 2. Social Security benefits. 124 .... 3. Supplemental Security Income benefits. 125 .... 4. Public assistance (welfare). 126 .... 5. Workers’ Compensation. 127 .... 6. Reemployment assistance or unemployment compensation. 128 .... 7. Veterans’ benefits. 129 .... 8. Retirement or profit-sharing benefits or pension money. 130 .... 9. Life insurance benefits or cash surrender value of a life insurance policy or proceeds of annuity contract. 131 .... 10. Disability income benefits. 132 .... 11. Prepaid College Trust Fund or Medical Savings Account. 133 .... 12. Other exemptions as provided by law.....................(explain) 134 135 I request a hearing to decide the validity of my claim. Notice 136 of the hearing should be given to me at: 137 138 Address: ................................ 139 Telephone number:........................ 140 141 I CERTIFY UNDER OATH AND PENALTY OF PERJURY that a copy of this 142 CLAIM OF EXEMPTION AND REQUEST FOR HEARING has been furnished by 143 (circle one)United States mail or hand delivery on ...(insert 144 date)..., to: ...(insert names and addresses of Plaintiff or 145 Plaintiff’s attorney and of Garnishee or Garnishee’s attorney to 146 whom this document was furnished).... 147 148 I FURTHER CERTIFY UNDER OATH AND PENALTY OF PERJURY that the 149 statements made in this request are true to the best of my 150 knowledge and belief. 151 152 ................................ 153 Defendant’s signature 154 Date................................ 155 156 STATE OF FLORIDA 157 COUNTY OF 158 159 Sworn and subscribed to before me this ........ day of ...(month 160 and year)..., by ...(name of person making statement)... 161 Notary Public/Deputy Clerk 162 Personally Known ........OR Produced Identification.... 163 Type of Identification Produced.................... 164 165 (3) Upon the filing by a defendant of a sworn claim of 166 exemption and request for hearing, a hearing will be held as 167 soon as is practicable to determine the validity of the claimed 168 exemptions. If the plaintiff or the plaintiff’s attorney does 169 not file a sworn written statement that answersconteststhe 170 defendant’s claim of exemption within 83business days after 171 hand delivering the claim and request or, alternatively, 148172 business days,if the claim and request were served by mail, no 173 hearing is required and the clerk must automatically dissolve 174 the writ and notify the parties of the dissolution by mail. 175 Section 3. Section 222.12, Florida Statutes, is repealed. 176 Section 4. This act shall take effect July 1, 2013.